Aoa, i need to ask that how court divide the property among 6 siblings ( 3 brothers, 3 sisters) if there is one plot, in which on ground floor there are 6 shops and at upper portion there is one residential house. Pls help me in this regard
Don't know specifically about how a court will divide and distribute property between siblings in other provinces but in Punjab, at least, The Punjab Partition OF Immovable Property Act 2012 will likely apply.
Along with it, of course the usual Muslim inheritance laws will also apply, if you are a Muslim. The laws will differ for Hindus and Christians, if I remember correctly.
Under the partition law, if I understand and remember correctly, following things will happen:
1. First of all, one or all of the owners will have to petition the court for division of the property.
2. The siblings can all agree on how to divide the property and submit that to the court.
3. If there is a disagreement about who owns the property, court will first resolve that.
4. If the siblings agree to the appointment of a referee for the partition, the court will appoint one.
5. The referee will give his recommendations about whether or not to property can divided properly. And if it can, he will also propose how to divide the property.
6. At this stage, if two or more of the siblings agree, they can also combine their share in the property.
7. If referee says that the property cannot be divided or an agreement is not reached. The court will auction the property and give each sibling money as per their share.
8. There will be two kinds of auction. Internal auction will be first, in which the siblings and any other co-owners will have to opportunity to bid in the auction. The money will be divided between the siblings.
9. If the internal auction fails, then the court will hold open auction.
I would definitely recommend that you confirm this with your lawyer though.