How Do I Resolve A Property Dispute With My Family ?
- leadindia831
- Aug 23, 2023
- 4 min read
Partition of property could be done by mutual agreement by a Partition Deed or through Family settlement. A Partition Deed would divide the property among the co-owners of the property. Such a deed is prepared so as to divide the property so that each person will get an absolute title over his own share of the property.
A HUF or Hindu Undivided Family shall include all persons who have lineally descended from a common ancestor and shall also include wives and unmarried daughters. The daughter will cease to be the member of the HUF on her father’s side after marriage and would become a member of her husband’s family.
A Joint family would consist of the head of the family, i.e. Karta, all lineal descendants (i.e. both male and female) who are the coparceners and other relatives.
Generally, the eldest male shall be recognized as the Karta (head). All members who have been entitled to the share in the assets or ancestral property of the family will be recognised as coparceners.
Every coparcener is entitled to an equal share in the HUF property. Also, only a coparcener will be able to demand a partition in the family. For partition, consent of each coparcener is required. Coparcener, who is a murderer or has been converted will be disqualified from his inheritance in the joint family property.
Partition-
Parties or coparceners can decide to separate from the HUF amicably or through the court. In this situation it is advised to contact Best Lawyers For Property Disputes, who can advise you as required.
Court proceedings are lengthy, time taking, costly and thus a tedious process. Even after all this, it's not guaranteed that a satisfactory outcome could be obtained.
The other option is to come together and settle the dispute without harming the family ties.
Partition through Settlement-
A family settlement could be understood as a mutual agreement between family members regarding the property division. A family dispute will also involve assets such as cash, money in bank accounts, jewelry, automobiles, etc.
Families decide to settle disputes related to the partition of the property through settlement in order to prevent themselves from getting involved in the court proceedings.
Benefits of family Settlement-
Will help parties from not getting involved with unnecessary court proceedings.
Matter would be solved in a short time, without wasting time, money.
Procedure for settlement-
Generally, when settling property disputes or partition amongst the family members, an outsider or a senior person will be included or Best Lawyers For Property Disputes will be appointed who could assist and guide the family by deciding on a solution which shall be acceptable to all.
According to the Income Tax Act of 1961, a settlement agreement is not a transfer of property or a gift, therefore exclusive transfer of property documents will be required to be presented with the settlement agreement so that a proper transfer of property could actually take place.
Legal requirements in partition settlement suit-
Simply agreeing to a partition won’t finalize partition. Other requirements are also required to be fulfilled.
The property settlement document is required to be signed by all the members of the family, if not signed, the legality of such settlement could be challenged at any later date.
For safety, signatures of two witnesses should also be included.
A Partition Suit in family disputes-
The first step would be to draft and send a legal notice to every other legal heir of the property who is related to such a joint family. Best Lawyers For Property Disputes would help you draft such a notice which will include the share of each co-owner, details of such property.
If the family members/ co-owners of the property fail to reply to the respective notice or if they send a vague reply, a partition suit shall be filed in the respective court under whose jurisdiction such property lies.
A self acquired property, i.e. property acquired by an individual through his own resources, will not be a part of the joint family property, unless the owner of such property dies without allotting the property to someone in his will.
Registration-
As has been provided under Section 17 of the Indian Registration Act, 1908, to ensure the validity of the settlement of such property, it is important to register such settlement.
Also, stamp duty is also applicable to the partition deed.
A family settlement deed can be challenged when-
The agreement has been settled by fraud
When the agreement in question was signed under coercion.
In case there has been a manipulation of facts related to the title, etc of the disputed property
In case there was an irregularity in the execution of the deed.
As could be inferred from the above discussion, in case you are facing disputes related to property in the family, either you could solve it through settlement among the family members, if not possible you still have the option of sorting such dispute by initiating the legal proceedings.
Lead India provides a wide pool of experienced lawyers, who have years long experience in dealing with issues related to property disputes. Therefore, if you wish to seek free legal advice or wish to talk to a lawyer, you may contact us.
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