Legal Question in Real Estate Law in India
There are five shareholder in case of my property.I'm living in that property for almost 35 years..our stakeholders want to go for partition deed.but i want to stay in that property as usual.so what will be the legal advise for me?& also without my consent,partition deed is possible by the court??if it is possible then what should be my role???pls suggest/advice....
4 Answers from Attorneys
Partition may be effected by mutual consent or through court.
21.01.2013
Dear Sir / Madam, (Bankura, Kolkata)
A.1 "You can't bake the cake and eat it too". You should be an opportunist and put your terms to go along with the others. Take full advantage of the others' over-enthusiasm.
A.2 In view of the majority being in favour of a partition, it is difficult for you to resist / withstand all alone and "go against the tide". Obviously, the four others might initiate Court action, which to my mind, is avoidable.
A-3 Refer Answer 1 above.
Regards,
FCA Prashant Chavan
Mumbai
(You can also reach me on-line at [email protected])
Partition cannot be denied, yes; if you have money you may buy out others by giving them fair market value of their respepctive shares.
Who are you in the property ? Are you a trespasser ? Please clarify.....Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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