What is legal procedure?

Querist : Anonymous (Querist) 01 November 2009 This query is : Resolved
A family in which Four sons and one mother. Elder sons wants his part in residential property of his father but other three sons wants to live together. Mother and other sons is agree to give his part. What will be legal procedure? Please give me details, Is daughter's is legal right in this property.

-- RAVI SRIVASTAVA

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Khaleel Ahmed (Expert) 01 November 2009
It is advised that partition suit may be filed. Yes daughter is equally share holder in the property left by her father among other share holders.

Raj Kumar Makkad (Expert) 01 November 2009
If father died after 2005 only then daughters have got equal share otherwise consequences of partition/share are different. Your whole quarry is revolving around your family members rather any legal question. Better make consensus among the family members and if failed file a suit for partition of properties wherein get appointed an arbitrator, whose decision shall have to be obeyed but why go outside, if you settle in between family.

Sachin Bhatia (Expert) 02 November 2009
As you said Mother and other sons are agree to give their part, if their is consensus among the family members then it is better to make a family partition deed and get it registered if failed then file a suit for partition in the competent Civil Court.

Good Luck