Can the 3 sons who agree with the division plan can take over their agreed share on majoritarian decision basis ?
2 years ago
There are 4 sons who decides to partition their ancestral property ( one house and adjutant land) after their parents death. They sit together and make a division plan. While making it final 3 of 4 agree to the division plan but the forth one did not do so. Can the 3 sons who agree with the division plan can take over their agreed share on majoritarian decision basis ??
A.Dear Client,
As it is an ancestral property, all the heirs have equal claim over the said property. The 3 sons can not take over the agreed share with a decision on a majoritarian basis as there is a very high probability of the 4th son to file a suit to claim back the land.
Thank you
As it is an ancestral property, all the heirs have equal claim over the said property. The 3 sons can not take over the agreed share with a decision on a majoritarian basis as there is a very high probability of the 4th son to file a suit to claim back the land.
Thank you
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.That cannot be done. If amicable partition in registered manner is not possible,then after giving legal notice to that unwilling son,Partition Suit before the appropriate Civil Court of Law is the option .
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A.Dear Sir,
Yes, they can take their shares by reserving share for fourth brother or approach the Civil Court and get it done.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
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