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Oct 14, 20234 min read

How Do I Resolve A Property Dispute With My Family ?

Partition of a property can be performed by mutual agreement by a Partition Deed or through the family settlement. A Partition Deed will divide the property among the co-owners of the property. This deed will be prepared so as to divide the property so that every person will get absolute title over his own share of property.

A HUF or Hindu Undivided Family will include all such family members who have lineally descended from a common ancestor and also including wives and unmarried daughters. The daughter would cease to be a member of the HUF on her father’s side after her marriage and will become a member of her husband’s family.

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

  • In most cases the eldest male would be recognised as the Karta (head). All members entitled with the share in the assets or the ancestral property of the family would be recognised as coparceners.

  • Every coparcener has the right to an equal share in the HUF property. Also, only a coparcener shall be able to demand partition in the family. For partition, consent of each coparcener is required. Coparcener, who has been sentenced for murder or has converted his religion would be disqualified from his inheritance in the joint family property.

Partition-

  • Parties or coparceners have a right to decide to separate from the HUF amicably or through the order of the court. In such a situation it is advised that you contact best lawyers for property disputes , who could advise you as required.

  • Court proceedings could be lengthy, time taking, costly, all in all a tedious process. Even after all this, it could not be guaranteed that a satisfactory outcome will be obtained.

  • Another option will be to come together and settle the dispute without severing the family ties completely.

Partition through Settlement-

  • A family settlement could be understood as mutual agreement between family members regarding the division of the property. A family dispute will include assets such as cash, money in bank accounts, jewellery, automobiles, etc.

  • Families would, generally decide to settle disputes related to the partition of the property through settlement in order to prevent themselves from getting involved with the proceedings of the court.

Benefits of the family Settlement-

  • Could help the parties from not getting involved with unnecessary proceedings of the court.

  • Matter could be solved in a short time, without having to waste any time or money.

Procedure for settlement-

In most cases, when settling their property disputes or partition amongst the family members, an outsider or a senior person or best lawyer for property dispute could be appointed who will assist and guide the family by deciding on a solution acceptable to all.

As per the Income Tax Act of 1961, a settlement agreement could not confused to the transfer of property or a gift, hence exclusive transfer of property documents is necessary to be presented with the settlement agreement so that a proper transfer of property can take place.

Legal necessity in a partition settlement suit-

  • Simply agreeing to a partition would not finalise partition. Other requirements would also be required to be fulfilled.

  • Property settlement document is necessary to be signed by all every member of the family, if not signed, the legality of these settlement can be challenged at some later date.

  • To ensure safety, signatures of two witnesses must be included.

Partition Suit in family disputes-

  • The first step will be to draft and send a legal notice to each legal heir of the property who is related to such joint family. Best lawyers for property dispute will be able to help you draft such notice which would include share of each co-owner as well as the details of such property.

  • In case the family members/ co-owners of the property fail to reply to the above mentioned notice or even in case they send a vague reply, partition suit will be filed in the respective court under whose jurisdiction the respective property lies.

  • A self acquired property, i.e. the property acquired by an individual through his own resources, is not a part of the joint family property, unless the owner of this property dies without allotting such property to someone in his will

Registration-

  • As has been mentioned under Section 17 of the Indian Registration Act, 1908, in order to ensure the validity of the settlement of such property, it is necessary to register such settlement.

  • Also, stamp duty will also be applicable to the partition deed.

A family settlement deed could be challenged when-

  • Such agreement was settled by fraud

  • The agreement in question was signed under coercion.

  • If there was a manipulation of facts related to the title, etc of the disputed property

  • When there was an irregularity when executing the deed.

As can be inferred from the above discussion, if you have disputes related to property in your family, you can either solve it through settlement amongst the family members, if not possible then you will have the option of solving such dispute by initiating the legal proceedings as well.


Lead India offers you a wide pool of experienced lawyers, who have years long experience in dealing with issues related to property disputes. Therefore, if you wish to seek free legal advice online or wish to talk to a lawyer, you may contact us.



Call Us: +91–8800788535

Email: care@leadindia.law


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