Unwillingness of a joint holder for partition deed
2 years ago
My father has been a member of a cooperative with land of 31decimel since 1968. He built a house there. He made a gift deed of 8.5 decimal in my favour in 1990. I became a member of society and built a house there. My mother was the nominee . My father passed away in 2008. The share was transferred to my mother. My mother made me, my younger brother and my married sister the nominees. My mother passed away in 2018. My brother and sister along with me became shareholders of the society.
We approached the hon'ble Court for succession certificate. Hon:ble Court issued an order in favour of all three of us. At present my sister and brother along with their families are staying in my father's house. Now we want to make a partition deed.
What is the remedy if my sister is unwilling to agree to a partition deed?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
That depends upon the facts of the case. You can file a suit in the court for partition and after referring to the facts of the case and the proof, the court will adjudicate upon it. Please contact a lawyer.
Please rate my answer if helpful
Thank You
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can file a suit in the court for partition. It depends upon several factors and the court may order for the partition after considering the facts of your case. Please contact a lawyer and do the needful.
Please rate my answer
Thank You