• Property partition suit

We have an ancestral property in Burdwan ,an small independent house on a land of 1170 sq ft(in total) this inclusive of common walls. The total valuation of the land+house is Rs 40/- lacs. We are 5 legal heirs , 3 of us are claiming to sell the house and take the proceeds but the rest two of us are claiming that either we three sell our shares to two of them at a much discounted market rate or to go for a partition suit. These two are claiming that if we go for a partition suit they will opt for a space of 487 sq.ft(in total)[The house has 3 rooms + 1 kitchen + 1 bathroom] for staying i.e. they will claim that they have no place to stay hence court shall never opt for selling and draw margins.Hence we three won't be able to sell our 683sqft as no body will buy such small amount (all buyers want to buy the whole plot which is as it is small) and hence shall have to sell it back to them for again a discounted price then(after 10 years of partition suit in district court).

I want to know whether these two of my relatives are claiming correctly and forcefully we three have to succumb to them without a partition suit as that is only waste of time for three of us.
Asked 3 years ago in Civil Law from Kolkata, West Bengal
litigation takes time . no doubt suits take 10 to 15 years to be disposed of . it is always better to resolve disputes amicably within family . itf it is not possible to resolve then partition suit is the only option . you have to pay court fees and legal fees too . no one can predict out come of litigation . . hence consult a local lawyer and then take decision
Ajay Sethi
Advocate, Mumbai
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