Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Partition Remedy to The Holders Of Future Interests
Is the partition remedy available to holders of future interests?
- Sector-1, Noida
A future interest in real property will arise sometime in the future as for example, after the death of a life tenant or upon the distribution of the property from a trust that will occur upon the happening of some future event. As a matter of law, the partition remedy is available to the holder of a future interest, but there are many practical impediments the most important of which is the valuation of the future interest. A court hearing a partition action is acting in equity and hence has broad discretion whether to impose the partition remedy. However, as a general rule, holders of future interests will not be successful in obtaining the partition remedy.
Answered on 28 Sep 2018
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