Ancestral property partition thorough document or Court which should be best?
My mothers ancestral property is divided among her two brothers 10 years back along with release deed signed by my mother. They transferred Ito there name with e katha, now they are ready to share some portion with us. Do they have right to make a gift deed? If not can we go for partition? As they are voluntarily giving it Should we make partition through court or just a partition deed doc prepared by lawyer. We contacted 2 lawyers one said go with just partition doc and another said do it via court. Could please clarify my doubt.. Thanks in advance
Your mother's brothers will have the right and can draft a gift deed to the transfer of an ancestral property to you. If they are willing to partition voluntarily, then a simple partition deed can be drafted with the attorney. This process is less cumbersome and quicker than going through the judiciary system.". However, in case of disagreements or if any of the co-owners do not agree then a court partition may be necessary. Due to the fact that opinions differ among lawyers, it is better to choose an option best suited in your case, and all parties should agree on it so that in the future there will not be any hassle.
If the division is simple and all parties agree, a partition deed may be sufficient. If there is a risk of disputes, a court order may be better for long-term protection. If you want to take lawyers opinion further then Contact us on helpline number.
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