Legal Question in Real Estate Law in India

if i sue my father for partition suit,for possesion in ancestral property,can my father make choice in dividing the property?if yes than what is the procedure for me to take my share according to my choice?as few of our property is disputed?


Asked on 6/01/11, 10:00 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Dispute or no dispute, if the property is ancestral, it is the subject matter of partition. For partition suit, all the properties need to be involved or else it shall be lawfully assumed that you have relinquished your share in the said property. No one has choice, but, if the properties cannot be divided metes and bound, then one co sharer may buy out the other one.

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Answered on 6/01/11, 10:18 pm
Shrichand Nahar S.V.Nahar, Advocate

Eveything will be decided by the court.

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Answered on 6/02/11, 1:03 am


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