Legal Question in Real Estate Law in India
An ancestral property needs to be partitioned and only 2 of the "direct" legal heirs (of 5 members) are alive,the rest expired, of which 2 have 2 children each(all majors); of the 2 direct heirs only my father is locally resident as a joint care taker of the property and the other direct heir is resident distantly, children of one another legal heir. Now the property is in a dilapidated condition and needing resources not affordable by anyone. Coordination amongst the heirs and children of other heirs is complicated by respective work schedules and foreign domicile- towards either partition or sale. My old & retired father is one of the direct legal heirs want his share partitioned and seeks clarity as regards the local Court procedure and official charges that need to be expended to initiate a court partition order and secure his share of the property. P.S: Will appreciate alternative legal solutions that provides for the best course of action (for Sale or Partition of whole property) with the least expenditure.
1 Answer from Attorneys
Terminology "direct legal heirs" is unknown.
If somebody want to have his share separated from the joint family property, then either a mutually agreed registered deed of partition or when there is no mutual understanding a partition suit with appropriate prayers is to be filed.
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