Division of property

Suraj Kumar (Querist) 04 February 2021 This query is : Resolved
Sir,

My mother died after leaving me, one brother and my father.
She has purchased one property.
My father wants to distribute the property to me and my brother equally.
Please guide me how to proceed ....

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Following your mother's passing, her property is now jointly owned by you, your brother, and your father. If your father wishes to relinquish his share, you can proceed with a partition deed to divide the property equally between you and your brother. Alternatively, a family settlement agreement, signed by all legal heirs and registered, can formalise this division. Consulting a local property lawyer and engaging a surveyor for clear demarcation is recommended.

kavksatyanarayana (Expert) 04 February 2021
The property is your mother's property, her husband and children have equal rights over the property. So your father may relinquish his rights to you and your brother by executing a Relinquishment deed/Release deed.

K Rajasekharan (Expert) 04 February 2021
Your mother’s legal heirs are your father and the two children and they are the co-owners of the property right now.

What is actually required in your case is to do partition of the property among the two by executing a partition deed signed by three of you.

As your father does not want a part of the property both of you can share the property equally between you.

To divide the property you must engage a surveyor and he has to prepare a sketch of the divided property in order to include it in the partition deed.

The partition deed (it has some proper format & wording) can be prepared in the non judicial stamp paper of some pre-determined value by a document writer or an advocate and it should be signed by all the legal heirs.

That deed should be registered before the Sub Registrar of your area and later mutated before the village officer or appropriate officer of your state.

Advocate Bhartesh goyal (Expert) 05 February 2021
You, your brother and your father are legal heirs of your mother and have devolved the rights and equal share in property belonged to your mother.Your father does not want any share in property belonged to your mother so it will be better for all of you to execute and register a family settlement and divide the Property between two brothers and your father shall give his consent on such division and sign on family settlement.

krishna mohan (Expert) 08 February 2021
You can consult a local advocate specialized on property matters to draft a settlement deed for proper registration. You can take the help of revenue officials like VAO or Surveyor to measure and mark the divisioned property with proper sketches so that putta transfer is easy beyond the registration of settlement deed.

Dr J C Vashista (Expert) 14 February 2021
You may make a (oral or wirtten) family settlement.

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