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Family Property Dispute
2 years ago
Hi
My father has one brother. They both have one shop and two houses. All the property belongs to their deceased parents. My uncle wants the property division. We only have one shop, it is small and not divisible. The house where my uncle lives is old and he is also asking for a new house. We were badly hit by the lockdown and we don't have enough money to buy him a house. My uncle and his wife demanding property division and also money.
We only have the property. But we dont have the money.
Can they ask us for money? How will we divide the property?
Please help us in this case
Sidhaarth
Responded 2 years ago
A.Your father is under no legal or moral obligation to pay any amount to brother. All properties shall be divided in two equal portion and each brother shall be entitled to each portion and if property is not divisible then the same shall be sold and sale consideration be divided in two equal portion. Your father can file suit for partition and injunction in court claiming his share in property.
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A.Hi,
You can request the court to divide the property by essentially filing a suit before the civil judge's court. Or you can directly hire a lawyer who shall show the most beneficial combination of property and then who shall get it notarized as well without judicial hassle.
If you find my answer helpful then kindly rate me.
You can request the court to divide the property by essentially filing a suit before the civil judge's court. Or you can directly hire a lawyer who shall show the most beneficial combination of property and then who shall get it notarized as well without judicial hassle.
If you find my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Since the property in question has an ancestral background attached to it, which asserts that each of the heirs in picture shall have an equal claim over the property. You can choose whichever property you want and preferably hire a lawyer to oversee the division of properties.
If you find my answer helpful then kindly rate me.
Since the property in question has an ancestral background attached to it, which asserts that each of the heirs in picture shall have an equal claim over the property. You can choose whichever property you want and preferably hire a lawyer to oversee the division of properties.
If you find my answer helpful then kindly rate me.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Dekho property ka vibhajan to hona hi hai.
Aap aapas me bethkar bhi partition kar sakte hai.
Court ke dwara bhi partition kar sakte hai
Court ka procedure lamba hai.
Isliye aapas me bethkar partition kar le. Sabse achha tarika hai.
Aap aapas me bethkar bhi partition kar sakte hai.
Court ke dwara bhi partition kar sakte hai
Court ka procedure lamba hai.
Isliye aapas me bethkar partition kar le. Sabse achha tarika hai.
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Madhulika Bhatnagar
Responded 2 years ago
A.Hello, as you have mentioned there are 1 shop and 2 houses. Instead of thinking of the division in terms of money, look at the properties you already have.
You want the shop and your uncle wants a new house. I am assuming out of the 2 houses you mentioned, one is occupied by your family.
You can give the house where you uncle is living to him on the condition that he forgoes his share in the shop. If he becomes the absolute owner of the house, he can sell it and purchase a new house.
With this you will have absolute ownership of the shop and be safe from future disputes. Whatever division your family decides ensure that you have a written settlement agreement for the same for future purposes.
You want the shop and your uncle wants a new house. I am assuming out of the 2 houses you mentioned, one is occupied by your family.
You can give the house where you uncle is living to him on the condition that he forgoes his share in the shop. If he becomes the absolute owner of the house, he can sell it and purchase a new house.
With this you will have absolute ownership of the shop and be safe from future disputes. Whatever division your family decides ensure that you have a written settlement agreement for the same for future purposes.
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A.Dear Sir,
With the help of common friends get divide the properties if you go to Court it will take 5 to 6 years time.
With the help of common friends get divide the properties if you go to Court it will take 5 to 6 years time.
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A.You will have to take stock of all the the property and then divide the property in equal proportion whatever can be divided or give or take money in exchange of property what is either kept of taken. For example if your father wants to keep the shop then he can give the money equal to the valuation of the shop (market value-half of it).
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