Property Law – getting share in property when others uninterested to divide

[ritzee_c]

So,we have a property (the owner died intestate ) and it’s been out for promoting for almost a decade. Nowhere close to a cordial settlement. Is there any legally permissible way by which any one party can claim his/ her share of property,in case the other parties are uninterested?

[Dr. Ashok Dhamija]

Issue a legal notice to other family members who have share in the property, for partition of the undivided property. If they do not agree or refuse the partition, you may have to file a suit for partition of the property by metes and bounds. This suit will have to be filed in the appropriate civil court.

You may also have the option of selling your share of the property even if it is undivided, provided there is a willing buyer.

Consult a local lawyer if you are not familiar with the procedure.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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