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Division of property among siblings (Property Law)

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This query is : Resolved

Author : Rajesh Shende

Posted On 05 December 2011 at 11:33

Our family comprises of parents, two brothers, and two sisters. I am the eldest brother. I had purchased land in 1993 with my resources and sale deed is on my name. We have built a house on ground floor on this plot, by pooling money from -

1. Money my father received after his retirement.

2. I have also contributed from my savings.

3. Money received by selling another plot
purchased by Father.

4. Money received from sale of plot owned
by paternal grandfather.

My younger brother has built house on first floor of this house, with his own resources. My father, so far, has not made any will.
How do we divide property among family members to avoid conflict in future.


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Expert : ajay sethi

Posted On 05 December 2011 at 12:26

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there should be equal division of property among the 2 brothers , 2 sisters to avoid conflicts in future .

since your father has contributed lion share of investments it is only fair that property be distributed among all children

Expert : Rajeev Kumar

Posted On 05 December 2011 at 16:14

Agree witi expert

Expert : M/s. Y-not legal services

Posted On 05 December 2011 at 23:00

just go for amicable settlements with your family members.,

Expert : raj kumar makkad

Posted On 05 December 2011 at 23:16

You all need to arrive at a family settlement vide which you both brothers may undertake to contribute all expenses to be incurred in the marriages of your sisters and in return they shall have no share in the house and you both brothers shall be equally owners in possession thereto. This shall be best solution and you need to get this settlement registered either before registrar or before legal services authority.

Expert : Dr J C Vashista

Posted On 06 December 2011 at 19:49

Section 3 of Partition Act applies in this case, wherein either of the parties to the partition suit may seek purchase of remaining share of property.
However, the property has been purchased by you, it is self-acquired which cannot be claimed and sought partition by other brother/sisters.



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