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Looking For Estate Lawyers Near Me For My Dispute With Brother On Farm Plot

  • Writer: Lead India
    Lead India
  • Dec 5, 2023
  • 4 min read

Partition of family property can be followed through by mutual agreement by a Partition Deed or via Family settlement. A Partition Deed would divide property among co-owners. The deed will be prepared by experienced estate lawyers near you, with an objective to  divide the property so that each person would be able to get an absolute title of his own share of property.



A HUF or Hindu Undivided Family means all persons who have lineally descended from a common ancestor as well as the wives and unmarried daughters. The daughter would stop being a member of the HUF on her father’s side after her marriage and would become a member of her husband’s family. 

  • A Joint family includes the head of the family, i.e. Karta, all the lineal descendants (male and female) who are coparceners and other relatives. 

  • The oldest guy would often be acknowledged as the Karta (head). All members entitled to the share in the assets or ancestral property of the family are recognised as the  coparceners. 

  • Each coparcener shall be entitled to an equal share in the HUF property. Also, only a coparcener is able to demand partition in the family. In the case of partition, consent from every coparcener is necessary. Coparcener, found guilty for a murderer or who has  converted shall be disqualified from his inheritance in the joint family property.

Partition-

  • Parties or coparceners have the right to decide to separate from the HUF amicably or through the court. In such a situation, it is advised that you contact a property damage lawyer, who will be able to offer you much needed advice as appropriate for your case.

  • Court proceedings are generally lengthy, take time, are costly and are a tedious process. Even after all this process, it is not guaranteed that a satisfactory outcome will be obtained. 

  •  Another option would be to come together and settle the family dispute without letting the  family ties suffer.

Partition through Settlement-

  • Family settlement is a mutual agreement between family members about the division of the property. It also involves assets in the form of cash, money in bank accounts, jewellery, automobiles,etc. 

  • Families would come together to settle these disputes related to the partition of the property through settlement so as to prevent themselves from getting involved with the court proceedings.

Benefits of family Settlement- 

  • Would help parties from not getting involved with tedious court proceedings.

  • Matter will be solved in a short amount of time, without wasting time, money.

Procedure for settlement-  

Mostly, when settling property disputes or partition within the family members, an outsider or a senior person is included or an estate attorney near you can also be appointed who can assist and guide the family by deciding on such a solution which is acceptable to all.

As per the Income Tax Act of 1961, a settlement agreement cannot be likened to a transfer of property or a gift, hence exclusive transfer of property documents are required to be presented with settlement agreement so that a proper transfer of property may take place.

Legal requirements in partition settlement suit- 

  • Simply agreeing to a partition won’t finalise partition. Other requirements are also required to be fulfilled.

  • The property settlement document is required to be signed by all the members of the family, if not signed, the legality of such settlement could be challenged at any later date. 

  • For safety, signatures of two witnesses are to be included as well.

A Partition Suit in family disputes-

  • The first step is to draft and send a legal notice to each legal heir of the property related to such joint family. Estate lawyers can help you draft such a notice which will include the share of each co-owner, details of such property.

  • When the family members or the co-owners of the property do not reply to the respective notice or send a vague reply, a partition suit can be filed in the respective court under whose jurisdiction such property lies.

  • A self acquired property, which is acquired by an individual through his own resources, is not a part of the joint family property, unless the owner of the said property has died without allotting the property in his will

Registration-

  • Provided under Section 17 of the Indian Registration Act, 1908, it is important to register such settlement in order to ensure the validity of the settlement of such property .

  • Stamp duty must also be prepared for the partition deed.

Family settlement deed could be challenged when-

  • Agreement in question was settled by fraud

  • Agreement in question was signed under coercion.

  • If there is any manipulation of facts related to the title, etc of the disputed property

  • Irregularity in the execution of the deed.

As can be deduced from above, when facing disputes related to family property, such disputes  could be resolved through settlement with the family members, or else there is still the option of sorting such disputes by initiating the legal proceedings by appointing an appropriate property lawyer.

Lead India offers you a wide pool of experienced lawyers, who have years long experience in handling issues related to property disputes. Therefore, in case you wish to seek free legal advice online or even ask a question, you may contact us.  


Visit us: — www.leadindia.law 

Call Us: +91–8800788535


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