What is the role of a real estate attorney in partition of property?

October 17, 2024
What is the role of a real estate attorney in partition of property?
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Property disputes are common in India, especially regarding inheritance and the distribution of family-owned property. We can see lots of property partition legal cases in India.

The importance of consulting a real estate attorney to achieve an amicable settlement in this case cannot be overemphasized. If disputes relating to real property are not approached correctly, they may linger on for decades, involving all concerned with money, time, and mental anguish.

This blog educates the reader with proper knowledge regarding property dispute partition. The Indian legal system governs the dispute and plays the crucial role that real estate attorneys play in solving such disputes.

What is the partition of property?

Property partition is the division of jointly owned property among all the owners, whereby each has a specific share of that property. Usually, such disputes arise from families where many people are involved and do not have enough shares.

Irresolvable and confusing legal disputes can crop up arising from disputes regarding how the property is to be divided or who should be entitled to what portion.

The Partition suits are ubiquitous in India and are generally followed by the co-owners, heirs, or families. You can partition the property either physically by dividing the asset in reality or through sale; the proceeds are shared with the co-owners.

What are the common challenges included in property partition?

Partition cases are often alarming and confusing, which leads to developing different challenges. Highlighted below:

Actual co-owners

It is also quite common in joint families to have various claims or many co-owners related to a single property. This happens due to the fact that the property has been transferred over generations. It is tough to determine who the real co-owner of the property is, and such ambiguity usually arises either when no will exists or when the will itself is unclear.

Conflict over division

Co-owners may differ on how to divide the property. One may want to keep the divided piece or sell it. Differences may also arise in the appraisal of the property or where to place the divided piece.

Issue during physical division

In some cases, partitioning the land is impossible. For instance, if the property is an apartment or a very tiny portion of land, it might not be possible to partition it into different parts. Under these circumstances, the court may order that the property be sold and the proceeds divided.

Protracted hearings

Filing a partition suit and undergoing the process is time-consuming and uphill. Indian property cases are known to be prosecuted for many years, even several years.

What are the several types of property partition?

When it comes to the division of a property, there exist two types of partitions, which are discussed below:

Voluntary partition

In this partition, all the property owners come to a mutual decision and are satisfied with the final decision. This can be done in a friendly manner.

No court case is involved in this scenario. After the decision, a real estate lawyer drafts the partition deed and other legal documents and gets them registered for final confirmation.

Judicial partition

This is when the co-owners are not satisfied with the decisions, and it creates a disagreement. It will take the case to the court after obtaining the legal advice.

Then, a real estate attorney will handle all matters and priority tasks from the documents needed for the case. They will help ensure that you get your share of the property, as well as the ruling could be just for you.

Role of a real estate attorney in property division Litigations

Sometimes, the disputes go beyond the level that a real estate lawyer has to be involved to deal with the legal matters and assist the client in coming to a final satisfactory decision.

Legal advice and planning

A real estate lawyer helps the co-owners devise a plan to protect their interests and provides expert advice on the legal options available to them.

They find legal loopholes, help clients navigate complex inheritance laws, and ensure their clients inherit the total sum of the property.

Registration of partition deed

If the co-owners agree to a willing division, the lawyer draws up a partition deed and registers it. The deed is mandatory as proof of the property's separation in a legally tenable manner.

Filing for partition suit

If the client is not satisfied with the other party, the real estate attorney represents his client's interests by drafting a partition suit in court. They gather all the necessary documents and present the case, taking it to court. Further, they ensure the order passed by the court by selling or partitioning real estate.

Final settlement

A good lawyer can also facilitate settlements outside of court through negotiations or mediation. This will make lengthy legal cases impossible and give parties an opportunity for peaceful resolution of their disputes.

Free attorney consultation online

Technological advancement has made legal advice more accessible. In India, there are many websites that provide free legal online services where people can communicate with lawyers without meeting them in person. However, these services are helpful whenever preliminary advice is needed; it will be wiser to seek the help of legal counsel in discussing topics at length and representation in court.

Conclusion

Does it pay to retain a real estate lawyer in a Partition Property dispute matter? Yes, worth every penny! If you have to spend hundreds of dollars hiring an attorney up front, the good news is you are going to save thousands afterward.

We understand that the partition of property is a time of high emotions. This stage is a good time to have a lawyer who can make the right and just decision regarding this dispute.

Getting legal advice is quite easy nowadays. Getting a lawyer is no longer an issue; you don't have to go to the premises to get a lawyer. Instead, you will be getting free lawyer consultation online, discussing your case with them, and then deciding if you want to continue with that lawyer or not.

This would help avoid spending too much of your precious time, thereby choosing the best real estate attorney for the case. I hope you enjoyed reading this blog.

Written By:
Vidhikarya

Vidhikarya

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