1. No
2. He can't claim the amount in his suit which he incurred for maintaining it.
3. You can file a suit for partitioning all Properties
4. If your family settles it with consent then only such conditions can be introduced
Partition of co-owner property between brothers
Hi My Father purchased property way back in 1980 along with his 4 brothers when they were in joint family and the property was registered in the name of all 5 in equal share (20% each). My father is the eldest brother and was taking care of the property. A commercial shopping complex was built on this property in 2001 and my father has been taking care of the property collecting rents and distributing to all 4 brothers. My father has been in forefront in purchasing the property, developing and maintenance of the property till date although the property is in the name of all 5 brothers. EB connections, Tax receipts are in my father's name. Last year my uncles tried to sell the property against my father's wish and when my father offered to buy out their shares - they did not agree. At the same time my father transferred half of his share to my name thereby his share is 10% and my share in the property is 10% (this was done so that if there are any legal proceedings from my uncles i could take care and not trouble my father in old age). Currently, my 4 uncles have asked for partition for which we are agreeing and we have asked for our share in the front facing (north side), while they are insisting that we should only take our portion in south side which has less commercial value. Their claim is that 4 uncles have majority share (80%) so they only can decide which side will be allocated. They are planning to file suit if we do not agree 1. Do 4 uncles have an advantage in dictating the terms of partition by virtue of majority of share holding - 80% (20% each of 4 uncles) while My father and I have 20% together . 2. My father being eldest of all the brothers, also developed the property and maintaining it for last 20 years- have any advantage in proposing the terms of partition in court?- if so, please let me know those 3. There are 3 other common properties (vacant plots) between 5 Brothers (my father and 4 uncles) - which my father is insisting to partition it all together while my uncles are insisting to only partition the commercial property stated in the subject above. 4. My father is proposing to my uncles that my father will take over the complete ownership of the commercial property (in the subject above) as he has developed and maintaining it- in return my father to give up his share in all other 3 common properties in favor of all uncles and pay additional amount to compensate my uncles all totalling to market value of commercial property. My uncles are not accepting to this arrangement to take my father 's share in other common properties as compensation and also not agreeing to our valuation that we are ready to pay. Does my father have any preferential rights to propose this type of partition in court and seeks court intervention to value the property for settling between brothers, If so, how would court approach in valuing the property. Please let me know how court overall approach this issue.
Asked 3 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
8 Answers
1) they cannot dictate terms of partition
2) your father has no advantage
3) all properties have to be partitioned
4) since no amicable settlement is possible let court partition all the properties based on the market valuation of the properties
1. As the property is jointly owned by all 5 owners, nobody can dictate terms on others.
The court may decide about division of property if referred before it as per law.
2. Your father cannot claim additional advantage over the property for any reason, at least not legally.
3. Your father also can file a partition suit claiming partition of all the properties equally.
4. Your father cannot legally claim any rights as proposed by him now to his brothers.
He can approach for relief and justice based on merits in his side.
1. No. All will have share of the property of equal value. If you are given rear side of the property, your area should be more so that total value of your share stands as equal to their share at the front portion but lesser in area.
2. No. Your father will have no advantage for maintaining the said property. If your farther can prove that he had paid the entire consideration while buying the property in the name of all the brothers, he can file a declaratory suit praying for declaration that the property belongs to him only since he had paid the entire consideration and based on the said Court declaration, he can also get the names of his other brothers deleted from the title deed of the property.
3. Your farther can file a partition suit seeking partition of all the property by appointing a court commissioner.
4. Your father has no preferential right on any of the properties in question. The Court will appoint a valuer and partition all the properties to ensure that all get their shares of equal value in aggregate.
Yo have full right to oppose their decisions. If you are not agree with the terms and conditions you can oppose it and refuse to sign any document. If still they do partition you can claim it was illegal as you and your father have not consented to the same.
when it came to the partition before court, all owners are equal irrespective of their age. Although you can claim maintenance charges or development charges which your father has done so far.
You can propose any type of partition before the court. its courts discretion whether it is fair or not.
Court will initially send you all to mediation for amicable settlement. IF it will not succeed the Court will initiate the case hear you all, take all evidence. then court can direct in any way as per your all's convenience.
Sirs, With respect to the above case context, recently my 4 uncles have filed a partition partition suit in court seeking partition of joint property (owned by 5 brothers included my father) and its in written statement stage. Outside of court, they are ok for cash settlement in return to bequeath their share in the common property to my father. However at present, my father has money to settle to only 2 out of 4 uncles . 1. Is it possible for my father to only take over the 2 of my uncles share in the property by paying them. 2. if possible, How can that be done when the partition case is going on the same property - can we apply and get it done through the same court case? 3. What type of documentation to be done (release deed or sale deed) to safeguard ourself from any future encumbrance from other 2 uncles (who is not transferring share of property) or the legal heirs of the uncles / coowners who is transferring their share to my father 4. Do we need the consent of other 2 uncles who is not transferring share of property Thank you very much for the guidance
Asked 3 years ago
1. If two brother are willing to transfer their share of property to your father by executing a registered settlement deed, he can accept the same on the basis of settlement of consideration amount to them, however the suit for partition will still continue till all of them arrive at a consensus or the court finally passes judgment.
2. The two brothers who are ready to transfer their unidentified share in the property may have to execute a registered deed to this effect after which they can file a memo about this to the court and can sail along with your father in the case till its disposal.
3. The release deed cannot be executed in favor of your father alone while there are two more shareholders in the property along with your father, because the share of properties that they have relinquished shall devolve on other cosharers. Hence they can transfer the property by executing a registered sale deed in respect of their unidentified share in the property in favor of your father.
4. For adopting the above said procedures, their consent is not necessary.
Partition suit takes over 15 years to be disposed of
2) as and when your father has funds settle with all the brothers
3) no cash payments please
4) consent terms should be filed in court
5) it should be mentioned that x amount is paid to brothers in full and final settlement of claims of brothers and they relinquish their rights in property
1. Since there is already partition taken place with the share of 20 percent each , then they cannot claim any right over other share or impose their decision.
2. Yes, he can claim damages and maintenance cost as well.
3. Entire property will be considered for partition.
4. He can settle the dispute before the court.
Further
1. Yes
2. Yes
3. Relinquishment deed by the releaser , and also with the help of court as well.
4. Since already partition suit has been filed , then their statement before the court can be recorded.
