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Parental property

Querist : Anonymous (Querist) 20 March 2011 This query is : Resolved 
We are three brothers and two sisters. All were married and now father died last month. I am the youngest. My middle brother went at the age of 25 to my uncle's family as caretaker, where they have no child. they made with my parent resigistration but now they have no such papers to show.
My elder brother doesnt have any interest to give any property to him. By the way my middle brother doesnt have any property to his name yet from my uncle's family.
Sisters views are parental property is divide into three parts and everybody take care of my mother.
now what are the options available to go

Arif Iqbal (Expert) 20 March 2011
You all have equal share in your paternal property. Any one of you cal file a suit for partition of your paternal property according to your personal law.
R.Ramachandran (Expert) 20 March 2011
All of you, your mother, brother(s) and sister(s) have equal share in the property left behind by your father. The question of any one saying he is not willing to give share to any particular heir simply cannot arise. Then the matter will surely reach the Court and ultimately the law has to be abided. therefore it would be better that the property is properly divided amongst all the legal heirs.
Kirti Kar Tripathi (Expert) 20 March 2011
I agree with experts. All the legal heirs including meddle brother have equal right in your father's property. No one can deny his right. So it better to follow Mr. Ramachandran's advise.


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