partition among blood related brothers

Querist : Anonymous (Querist) 18 September 2010 This query is : Resolved
Good afternoon to every body!
my query is an oral partition had effected between two brothers and they have reconstructed their shares by spending huge amounts and they are residing in their respective shares from last 10 years.these two brothers are having three sisters and two sisters are died and only one sister is alive.both the parents died. the elder brother health is not keeping well and the youger brother is not coming forward to execute and register the partition deed. God forbids that if the elder brother dies , then what is the legal position.alive sister is ready to sign the partition deed.all the origina douments of property are with the younger brother.

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Devajyoti Barman (Expert) 18 September 2010
For executing an amicable partition deed every co sharers will have to put their signature to remove any future complications. If any one them is not ready and willing then any of the co sharers can go to court and file suit for partition.

adv. rajeev ( rajoo ) (Expert) 18 September 2010
Better to file a suit for partition and seperate possession.

Sri Vijayan.A (Expert) 19 September 2010
What is the position of heirs of other two sisters.
If they also come for an amicable settlement, go for a partition deed
Otherwise, file a suit for partition
Anyhow, try for amicable settlement only

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