Inheritance Assist

Partition

The passing of legacy of a deceased upon his/ her heirs is governed by various laws in India such as Hindu Succession Act, Indian Succession Act, etc. If a person dies without leaving behind any testamentary WILL, the passing of legacy of deceased is termed as Intestate Succession. In such a case, all the assets of the deceased devolve upon the legal heirs of the deceased equally as per law of inheritance. All the legal heirs become co-owners of the assets of the deceased inherited by them after the death of the deceased. Or there may be a case that the deceased was a joint owner of the assets with a third person. In such a case, all the legal heirs who inherit the property as per law of succession become joint owners with the third person in place of the deceased.

In both the cases, the individual shares may be defined but they are not physically defined with separate boundaries. Here, comes the dispute and disagreement between the parties and necessity for effective management and control of one’s own share and the need to physically divide the individual shares. In case all the concerned parties reach a consensus to partition a property, the same can be done either through filing a suit for partition or by way of registration of Partition Deed before the concerned Sub-Registrar Office. In case, there is a contesting party who does not agree to partition the property, the partition can then be done by filing a suit for partition before the Court of competent jurisdiction.

Legal Assist Services

  • Consultation
  • Advising the rightful forward step
  • Proceeding with Drafting and Registration or Filing of suit as advised
  • Looking after the entire proceedings till its conclusion
  • Payment of requisite Stamp Duty/ Court Fees

Procedure

  • Understand the client’s requirements
  • Consultation with the help of Legal Assist Experts
  • Drafting of necessary document/ suit by the Legal Assist Experts
  • Assistance with Registration, if this step is adopted
  • Filing of suit and conducting the proceedings, if this step is adopted
  • Receiving and Payment of Stamp Duty/ Court Fees

Why Legal Assist?

  • Team of Qualified Lawyers with experience in Property Matters and in all Courts
  • In depth understanding of the Real Estate Industry
  • Focus on alternatives before litigation
  • Focus on client requirements and providing best possible results.
  • Focus on advising cost effective solution and avoiding unnecessary filings

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