Parental Property Issue

Querist : Anonymous (Querist) 03 June 2011 This query is : Resolved
Hi All,

I need help related to my parental property issue. my father died in 2007 and had one plot and a rented shop when he died. we are three brothers and before father death he wrote a letter in which he divided the property among three of us but that is not registed will. Father devided the plot in two parts one for me and second for my younger brother. and i was always sit with my father at the shop which is rented. so that shop is for me. and for elder brother my father wrote he gave him lots of money to start his bussiness so there is no property for him.
After father death my elder brother wants his land on the plot. some for relatives involed in this issue and tried to convience my elder brother to sign on that aggrement that yes that plot is for my rest of two brothers. Now i want to sell that propety and i am afraid that he will create problem in selling the property. so right now i what i am i do for to avoid such condition. what are the legal steps to sell that property.

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bhagwat patil (Expert) 04 June 2011
Whose name are there on ROR,does the property was self acquired or ancestral one?

Querist : Anonymous (Querist) 06 June 2011
Property is ancestral one. My father wrote that property on my name but that will is not registered. he simply wrote on a simple paper.

R.Ramachandran (Expert) 06 June 2011
Dear Anonymous,
You say that the property is ancestral.
If it is so, then your father cannot give that property by way of WILL (Except his own share). Your father having given lot of money to one of your brothers for starting business etc., will have no value or consideration when it comes to the partition of the existing property.
Now that your father has died, the ancestral property has to be partitioned. You cannot escape from that at all.
YOU ARE RIGHT, IF YOU SELL THE PROPERTY WITHOUT PROPER PARTITION, THEN YOU AND THE PROSPECTIVE BUYER WILL SURELY BE IN TROUBLE.
Now you please tell who are all the survivors after death of your father (in particular whether your mother is alive) and whether you have any sisters?
Once you give the above information, I will be able to give you the answer about how the property will get partitioned.

Querist : Anonymous (Querist) 08 June 2011
Yes my mother is alive and we are three brother and 4 sisters. But i also mentioned that my elder brother signed on a paper that he was agreed with the partition.

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