Send Legal Notice for Partition of Property
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What is #Legal #notice for #partition of #property?
Partition Legal Notice can be sent when one or more co-owner of a joint property claiming their specific portion. For this, you need the help of an #advocate, who can draft legal notice for partition of property.
You can find one easily through #MyAdvo!
There is a specific format for legal notice for partition of property to seek consent from all co-owners of the property for partition.
However the rule for sending partition suit legal notice is only applicable in case of #parental or #ancestral property, it is not at all applicable in case of the self-acquired #properties.
The legal #heirs of the deceased owner of a self-acquired property can dispose of that property in accordance with their wish. Nobody will have the right to raise any objection over that.
In other scenarios if there is one or more than one owner in the joint property, who is/are willing to do partition of the property and express their intention to others and if the other owners deny to do so then Legal notice for partition suit can be send against them.
In India although the concept of nuclear family is increasing day by day however a large number of family stay jointly and owns the movable and immovable properties jointly where all the family members have their undivided proportionate share in the property.
In the Joint family when the ancestors dies intestate i.e. without making any will or Gift deed or any Deed of Family settlement in respect of his/her heirs then to secure individual right over that ancestral property the living heirs either sign Deed of partition or File a Partition suit.
The following Points are to be kept in mind while drafting a Legal notice for partition of property:
1) The legal notice should contain the name, description, and place of residence of all the Co-owners.
2) The legal notice should mention the date from when the Cause of action arose i.e. the date when Co-owner sold tried to sale the proportionate share of the undivided joint property.
3) The legal notice should mention all the facts and grievances in details with proper dates.
4) The legal notice should mention how the illegal act of the other Co-owners affected and infringed your right.
5) It should mention all the previous communications, if any made.
6) It should offer a reasonable time (usually 15 to 30 days to settle the matter through negotiation and by performing the desired action).
7) The notice is to be duly signed by the lawyer. A copy of the said notice is retained by the lawyer concerned.
Sending Legal notice for partition of property
When the Co-owners of a joint undivided family deprive other members and without their written consent sale the portion of that undivided property to any third party then Legal notice for partition of property can be send to them.
You should consult the matter in details with a good and experienced Civil Advocates and to avoid further complications, you can draft and send the Legal notice for partition of property with the help of the Advocate.
Since a lawyer’s letterhead is of prime importance in sending a legal Notice, therefore while sending a legal notice, you should seek help from a legal practitioner before you take a step ahead.
For sending a Legal notice for partition of property, it’s best you consult a lawyer who can guide you well on the process, all through. You can find expert lawyers in the field of banking near you in India through MyAdvo.
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All you have to do is just send your query in mail on consult@myadvo.in or simply give a call to us at +91-9811782573 to resolve any and every kind of legal problem that comes in life.
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