Method for legal resolution of partition dispute without filing case?
13-Aug-2023 (In Property Law)
We are six brothers(3) and sisters(3).Our father is missing since 1998.Our mother died in 2003.Our father bought a house in his name.I have all the documents. Now we, the brothers want to go for promoting with a developer.six of us agreed at first in exchange of 3 flats for brothers and some cash for sisters.But the problem is one of the sister is making problems by demanding for a single flat for the sisters, after her husband(one of the broker) having a problem with the promoter regarding brokerage money.When we proposed to sale the house and divide the money equally then again she is making excuses for not doing that.So we are stuck in the situation.In the mean time the condition of the house is getting worse.I don't want to deprive anyone.So, I want to know is there any legal way to tackle my sister and her husband? We don't want to file a case because we want to solve it fast because we all are getting old and we don't have enough fund.So please provide us a solution. Thank you
If you do not want to go for partition case, there is an alternative to make a Family Settlement Deed amongst yourselves clearly indicating the portion alloted to each of you. On the basis of this the family partition can be done and you can proceed.
Amicable settlement of registered partition deed is best option, failing which you should first file a case of Death Declaration of your father in a civil court then file Partition Suit in Senior Civil Court.
As stated by you, your father is missing. Whether he is alive or dead is to be lawfully decided at the first instance.His status as sole owner or one of co-owners not stated by you.All related documents are required to be perused thoroughly before suggesting any legal course of action.Contact lawRato for further instructions.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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