PRACTICE DETAILS
- Lawyer Mr. Shaman Jain
- Skills Property Management, Litigation, Property Partition
- CATEGORY Property Litigation, Property Management
ABOUT THIS PRACTICE
There is a lot of change in the spectrum of legal cases. Normally the property disputes occur due to the familial disputes within a joint family system. However, in recent times nuclear families are being accepted within a joint family system majorly because of new business ventures and for investment purposes. When so many people from different background come together for such ventures the chances of opening the property disputes, in the long run, becomes inherent. Which not only raises disputes of the ownership rights but also the partition of the property. A legal nature of such disputes requires that the whole business prospect and property associated with it is seen beyond the associated emotional value with it. this requires a specialized counsel who can take you through the entire legal process without conflicts. Legal Nestors provides a specialized personnel to do this for you.
Partition Law
When it comes to division of property some of the major things that need to consider primarily considers the property that needs to be divided, the party entitled to property after division, what constitutes the partition, what several modes will be considered for partition and last but not the least a reopening of partition if such an event circumvents. The law also covers the solution for a reunion in cases like these.
The disputes related to Joint-heirship/joint ventures are considered very carefully. The consideration of what was held as a joint property within both the members in the past or during the beginning of such a venture is of utmost importance. Any other assets in such cases are not subject to division among the members of that joint venture. It is important that a seperate account is maintained to ascertain the evaluation and existance of such assets. Any partition that involves an immovable property where the cost of such property is beyond the evaluation in monetary terms the instrument of property needs to be registered under the Indian Registration Act. Such a registration is not mandatory if it occurs under a family settlement.
Understanding Partition of Property
- In order to effectively manage control of the ownership, it is required that a shared/joint land is divided.
- The process involves dividing a shared ownership in such a way that it falls under individual ownership in separate portions.
- Having a separate piece of property on an individual basis ensures that every person gets its legal entitlement to his/her share.
- post division process includes the entitlement and ownership and hence bringing a new title and a new owner. This ensures how the shares of an individual property will be distributed.
- Once each share of the property is entitled to an owner; the complete autonomy to operate in the partitioned share becomes easier.
- It also avoids the chances of any kind of interference.
- This scenario can be applied on the co-inheritors, co-owners of a commercial establishment or on an ancestral land as well.
Type of Property Partitions
- Voluntary Partition – When all the parties decide the partition procedure with mutual consent, it is termed as the voluntary partition. The co-owners may choose to give effect to partition through whatever means they choose, be it the oral agreement, written agreements and mutual deeds. The different co-owners can be paid their share either in kind or cash, as per the agreement.
- Judicial Partition – When there is a dissent among co-owners regarding the procedure of partition or there is a dispute over the shares, any of the co-owner can go to the court for the settlement. Now, the court will take a decision regarding the partition of the property.
How we can help
We, at Legal Nestors, specializes in handling cases of property disputes for NRI clients. We represent their interests in partition cases, without the need of them coming down here for the proceedings. We make sure that their interests are not compromised and they get their desired share in the disputed property. Our expert counsels have successfully resolved a number of partition cases for our NRI clients.
Property rights of NRI can be compromised at more stages than one owing to their absence. The partner or co-owner having the possession of the property is more likely than not to try and get the complete possession, often through illegal means. We aid our clients with legal advice to get over such situations and protect their interests and rights. We have the knowledge and experience that enables us to provide our patrons with the undeniably best of the services.
