Yes, it is right advice. Ij a suit for partition if the court finds the property is not fit for physical demarcation then it can be sold out to distribute the sake proceeds among the co-sharers.
Dividing proceeds of non-partitionable property
Have received following opinion about sharing non partitionable property. What act and sections is it under and any citations for the same? Opinion if property cannot be divided so as to give definite share to each parties so it shall be sell out by the order of the court. hence you should file a civil suit for division of property to each sharer. when partition is not possible then court may ask to sell the property then you should approach for purchase at the market rate. then court can sell it either mutual consideration or through the receiver.
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
Partition act 1893 provides for filing suit for division of property
Under section 2, in any suit for partition, in which a decree for partition might have been made if the Act had not been passed, if it appears to the Court that (a) by reason of the nature of the property to which the suit relates or of the number of shareholders therein or of any other special circum- stances, a division of the property cannot reasonably or conveniently be made, and (b) Sale of the property and distribution of the proceeds would be more bene?cial for all the shareholders, the Court may, on the request of the shareholders interested in a moiety or upwards, direct a sale of theproperty and distribution of the proceeds. Where a request for such a sale is made by the shareholders interested in a moiety, section 3 provides that any other shareholder may apply for leave to buy the share or shares of the party or (parties asking for such sale, and thereupon the Court shall order a valuation of the share or shares and offer to sell the same to the applicant'. The section also contains a provision as to what happens where there is a competition between the shareholders seeking to purchase. Detailed provisions as to bidding, and as to the mode of conducting sales under sction 2, are c
Hello,
In such cases to the best of my knowledge Section 3(1) of the Partition Act is applicable. You may go through the following judgement wherein you will find in detail as to what is required to be done when it is not possible to divided the property by metes and bounds :
http://delhicourts.nic.in/Aug11/Surinder%20Kumar%20Gupta%20Vs.%20Mahender%20Kumar%20Gupta.pdf
I hope this will be of some help for you.
Thanks and Regards
The section is section 9 CPC whereupon the court may appoint a receiver for the sale of the property to oversee the sale and divide the sale proceeds.
The contents posted by you are position of law in partition cases.
If you would like to know more deeply about this position, you may peruse the partition law books, which will give you more proper details under this circumstance.
No case law will help you tide over the situation if one of the parties to partition do not agee for partition or if the property to be partitioned is not partitionable.
