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Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu law of inheritance, i.e., Hindu Succession Act 1956.
There are two ways to resolve disputes about property partition: a family settlement agreement and a partition suit.
Family Settlement Agreement
A family settlement is a an agreement among family members, usually made to avoid court battles, by splitting up the family property through mutual understanding among the family members. It follows the same format as that of a partition deed. It is not mandatory to register and stamp the family settlement agreement. However, all family members should sign it voluntarily, that is, without any fraud or coercion or undue pressure from any family member or anyone.
Partition Suit
A suit for partition of property, is a court case filed when the family members cannot agree on the terms and conditions of dividing the property. In such cases, the family members usually want to divide the property according to their shares in it. The first step here is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.
Ahmad farooq
April 29, 2024
Application of partition of land which is already under agreament to sell by the applicant and got some money and before the contract moved partition application to revenue officer
Alka Manral
May 23, 2024
The situation of filing a partition application for land already under an agreement to sell and having received payment requires careful examination of contractual obligations and property laws. It is imperative to consult with a legal expert specializing in property and land matters to understand the legal implications and options available. Reviewing the terms and conditions of the existing agreement, assessing any clauses related to partition or sale restrictions, and evaluating the validity of the partition application in light of the contractual obligations are critical steps. Depending on the specifics of the case, legal remedies such as challenging the partition application or seeking compensation for breach of contract may need to be pursued through appropriate legal channels. Clear documentation of all relevant agreements, payments, and legal communications is essential to support any legal actions or negotiations effectively.