Settlement involves all the family members sitting together and deciding about the division of property in an amicable manner. They might bring a mediator (who is not within the family) to maintain discipline in the discussion. Then, an agreement is made and each member signs it. There is no dispute in this.
Litigation involves hiring a lawyer and going to the court regarding the property division matter. A lawyer is a must in this. Court proceedings regarding property matters take time.
It is beneficial to take the help of a lawyer, if the members are in dispute and there is no possibility of amicable discussion between them. Although court proceedings in property matters is lengthy, having a legal expert by your side can prevent more delays and any wrong move by your side.
Members of the joint family appoint an arbitrator, who decides their share in the property and divides it accordingly among members.
Hindu Undivided Family is a famous concept in India in which all the family members are linear descendant of one common ancestor. In this case, all family members have equal share in the property.
Property disputes are complicated cases, which, at times, may even turn ugly due to fights among family members. It is best to hire a property lawyer and let him/her handle the case.
It depends on the kind of dispute. If the members are in dispute over property division, then the property can be sold. If the dispute is about ownership, then it cannot be sold.
Yes. Daughter, whether married or unmarried, has equal share in the family property; but daughter-in-law cannot claim a right in the property. She acquires rights only on her husband’s share.
Online Legal Center is proudly powered by WordPress