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Partition dispute of perperty in cousin brothers
18-Jun-2023 (In Property Law)
Respected Sir/ Madam,
This is to inform you that my father had two elder brothers. We have a property of 433 Sq. yard in Shadi Pur Village. This property had been divided by verbal communication without signing any bond or paper by my late father and his two elder brothers. I am the only son of my father. The elder brother has 3 sons and 3 daughters and the other middle brother has 3 sons (1 died) and 2 daughters. The dimension of our property is 39 feet width and 100 feet length. I am owner of left portion with 10 feet entrance and 100 sq. yard. My 2 cousin brothers (eldest brother sons) are owner of right side portion and 148 sq. yard. My 3 cousin brothers (middle brother sons) are owner of back portion and 172 sq. yard. and also they want 10 feet lane in between left and right portion without giving their own share in land. Lane is 3.5 feet width which is common for all parties. I want to distribute the property by 13 feet width and 100 feet length but both parties are not agree.
If the other legal heirs are not agreeing, then a partition suit or a declaration shoot in which either the partition of the property by the court will be asked or if a declaration suit is filed then a declaration as to the ownership of the share as mentioned in your query .However, mooting for settlement can also be done in which case the settlement deed can be signed which will be acting as a proof as to the ownership and occupancy in the property.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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The partition of the property is either done by the parties mutually between them or by the order of the court after filling the case of partition between the parties of the property. There is no other way for getting the property partitioned by metes and bound.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Hello I have perused your query
In these circumstances you have an option to file a partition suit in any civil court of law, thereby asking the court to crystallise shares of everyone in the property and give respective possessions to everyone.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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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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