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kumar (hhhlili)     31 May 2018

WILL Partition and right

Hi Experts, My grand mother expired after writing WILL. We have a common right for a house of 300 sq yards aliong with her two sons. When i am asking for a partition, they are niy respondingvfrom almost three years and i feel this us high time and take some type of action. Please advise me what steps I need to take. Thanks for your help in advance.


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 1 Replies

Raghav Arora   01 June 2018

Hi! Thank you for the question. Before a court case is filed for partition of property in India, a legal notice must be sent to the other co-owners regarding family property partition. The legal notice for partition suit must include the shares of each co-owner, details of the property in dispute and the action required to be taken. If the co-owners do not respond to the legal notice or send insufficient reply, a partition suit can be filed. A suit for partition is filed in the court which has jurisdiction over the area in which the property is located.The court first determines whether the person who has filed the partition suit has a rightful claim in the property or not. Once the share is established and no additional inquiry is needed, the court may assign individual ownership of the property to the co-owners. So the simple procedure is - first you will have to give a notice to the co-owners (convince them for a family agreement if possible to save the suit money). Then you can approach a civil court with all the relevant documents related to the property and yourself. After due scrutiny of the will and the documents, the court will divide the property in meets and bounds (Deserved Shares) and then you will be able to dispose your share off as you please! Good Luck!


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