You may come across several issues while looking for a suitable property. However, the issues are often related to the partition of ancestral property. Property division is one of the major issues facing the Indian families as each member wants their share. What is the right way of dividing the land between the families that results in property disputes? According to the property laws in India, a property can be inherited for four generations with male lineage. For resolving the property disputes, the partition deed must ensure that the execution of the partition provides the right share to each party.
Disputes over properties
You will hardly come across joint families today trying to maintain the bonding between the family members. While the previous generation ensured that each family member got their due shares, the situation has changed today. In fact, the partition of the property has emerged as a pressing issue today. Often, the indecisiveness of the members requires the intervention of a lawyer for a fair settlement of the issues.
Understanding the property distribution law
According to the property partition law that applies to a joint family in India, an ancestral property can be divided as per the partition agreement of the family. The matter also depends on the personal inheritance of the Christians, Hindus, and Muslims all of which have different aspects when it comes to the division of family property. Those who have share in the property are directly related to the common ancestors.
When it comes to the ancestral property that is jointly owned, it can be divided on the basis of the property division law in India and a favorable conclusion can be reached through negotiations. The co-owners of the property is usually the eldest member of the family and three generations that succeed. In addition to this, the co-owner also has the right to file a suit for requesting the partition action. Quite naturally, the role of property dispute lawyers is important for handling the lawsuit wherein the co-owner can file a deed of partition.
Need for legal advice
Compared to the previous scenario, a daughter today can ask for partition of a business or house and any other property that is owned by her father. The parties often find it quite difficult to handle these issues without proper legal advice and this is what takes them to some of the most reputed lawyers in this field. For claiming a share in the family property, multiple modes of property division is followed for all those properties that are jointly owned by the co-owners.
Partition of property
Ask some of the reputed property dispute and top corporate lawyers in india and you will come to know how the Hindu Succession Act of 1956 rules the partition in a Hindu joint family. On the other hand, the Hindu Undivided Family or HUF and the Hindu Partition Act of Property is behind the division of property in case of properties that are jointly owned by two or more co-owners. The process begins with the filing of Partition Suit in India.
Based on the property law in India, the property division is based on the following tenets.
- Mutual negotiation on the method of division
- Going to the court in case there is a dispute in property division.
The court considers the claims and the property rights before passing the order.
The property division may occur when two or more people have ownership over immovable parental and ancestral property such as a plot of land or house where one or more people want to have share of the property separately. As soon as the families decide to claim their shares separately, it is necessary to file a partition suit. Consulting the lawyers in India dealing with the partition issues can help you to reach a favorable settlement.
Only the best lawyers in India can help you to prepare a partition deed after the partition act. The creation of this document comes after the court order or through negotiation by the parties and sets the respective property portion with each party claiming their right over it. The lawyer can also help you to register the new partition deed at the office of the sub-registrar. The property division between families where each member asks for his/her share is a complicated matter and requires the attention of a good lawyer.