top of page
Search

Looking For Estate Lawyers Near Me For My Dispute With Brother On Farm Plot

  • Writer: leadindia831
    leadindia831
  • Oct 26, 2023
  • 4 min read

Partition of the family property can be done by mutual agreement by a Partition Deed or through Family settlement. The property would be divided between the co-owners via a partition deed. Such a deed is prepared by experienced Estate Lawyers Near You, with an objective to divide the property so that each person would be able to get an absolute title over his own share of the property.


A HUF or Hindu Undivided Family includes all persons who have lineally descended from a common ancestor as well as the wives and unmarried daughters. After getting married, the daughter will no longer be a part of her father's HUF and will instead join 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 recognised 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.

  • Equal shares of the HUF property are due to each coparcener. Additionally, only a coparcener will have the authority to request a family division. The agreement of each coparcener is necessary for partition. 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 a Property Damage Lawyer , who could offer you much needed advice 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 alternative is to resolve the conflict amicably and preserve family ties.

Partition through Settlement-

  • A family settlement could be seen as a joint decision regarding the partition of property made by family members. A family dispute will also involve assets such as cash, money in bank accounts, jewellery, 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 an Estate Attorney Near Youwill be appointed who could assist and guide the family by deciding on a solution which shall be acceptable to all.


An exclusive transfer of property document must be produced along with the settlement agreement in order for a valid transfer of property to actually occur because, in accordance with the Income Tax Act of 1961, a settlement agreement is not a transfer of property or a gift.


Legal requirements in partition settlement suit-

  • Simply agreeing to a partition won’t finalise 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. Estate Lawyers can 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, cannot be considered as 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 will also be applicable to the partition deed.

A family settlement deed can be challenged when-

  • The agreement in question has been settled by fraud

  • When the respective agreement 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, when you are facing disputes related to property in the family, you could solve such disputes through settlement with the family members, otherwise you still have the option of sorting such disputes by initiating the legal proceedings by appointing appropriate Property Lawyers.


Lead India offers you a wide pool of experienced lawyers, who have years long experience in handling issues related to property disputes. Therefore, in case you wish to seek free legal advice or even ask a legal question, you may contact us.


Call Us: +91–8800788535


 
 
 

Comments

lead india

info@mysite.com

©2023 by lead india. Proudly created with Wix.com

bottom of page