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I want to file for partition but siblings are not showing interest


25-Apr-2023 (In Property Law)

HI sir/madam I want to know about a land partition from grandfather property to my dad. they are 4 shares but they are not try to decide to partition so i want move legally so could you please help me to move how to get better option for partition that properties equally without any fights and problems. i already inform to all siblings of dad about partition but they not take interest for that but my father sick now so he have some financial problems if we get that partition we can take loan or sale that some and solve that problems please help with good solution i hope your reply.

Answers (3)

Answer #1
648 votes
You may better file a partition suit before the court making all those who are eligible for share as opposite parties. Court will determine the shares eligible for each one and a Commissioner will be appointed for measuring and dividing the property by metes and bounds. In the meantime the case will also be referred for mediation where if all parties agrees, it can be settled without much delay and trial.
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Answer #2
858 votes
It appears the property is personal to the grandfather. If so sharing the same is a matter at his discretion. However, if he is no longer alive and had died intestate property vests in all the legal heirs. If partition through mutual agreement or family settlement is not possible, your father can file a partition suit with the other siblings as the respondents.
Advocate P Venu

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Answer #3
823 votes
Definitely you can forward with the partition if you would like to do. First upon send a legal notice to the parties,. the next step is move to the civil court for the partition. Without any problem or fight you can solve this issue. Though they are not interested they are forced to go for partition .
Advocate Sindu R Kurup

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