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How to partition ancestral property?
06-Oct-2023 (In Landlord/Tenant Law)
I and my brother want to distribute ancestral property properly, what is the way? Can we also do partnership in each other's property for mutual benefit?
By way of partition you can divide the property. Partition can be made by mere declaration to separate, Partition by Notice, Partition by Will, Conversion to Another Faith, marriage under Special Marriage Act 1954, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits. Girjanandini v. Brijendra (11 August, 1966) it was held by Supreme Court that partition can ordinarily take effect by instituting a suit. These 9 modes of partition are not exhaustive and there can be other circumstances as well that can be admissible for partition.
When a division takes between brothers after partition they will take equal shares in the joint family property. If there are 5 brothers then each one will take 1/5th share in the property.
When a division takes between brothers after partition they will take equal shares in the joint family property. If there are 5 brothers then each one will take 1/5th share in the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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