Partition of property

suneetha Jain (Querist) 18 August 2022 This query is : Resolved
Sir,

My three brothers jointly have got registered four house properties owned by my father (late) by giving monitory compensation to me and my Mother (the same is written in the registered document too) and getting our signatures (myself and my mother) on the registered document.

Recently one of my brothers (he has wife and two minor daughters) passed away. My queries are

1. Now, my remaining two brothers want to separate house properties in individual names. Is the signature of my deceased brother's family members (his wife, two minor daughters and my mother) required?? This question is being asked as some lawyers say that since document is registered in joint names, signature of my deceased brother's family members (his wife, two minor daughters and my mother) are not required.

2. My Mother has one plot registered in her name during my father's period. Now, she wants to get it registered in the name of the wife of my deceased brother.. What is the procedure?? Whose signatures are required for registration??

3. 2. My Mother has one more plot registered in her name during my father's period. Now, she wants to get it registered in the name of one of the two living brothers. But, since the land is under registration prohibited properties list due to disputes between Simhachalam Devasthanam and Andhra Government, and since, no body can predict when this issue gets resolved, What is the procedure as she wants an option to transfer her rights at any cost before anything happens to my Mother?? Whose signatures are required for registration??

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Quick Summary

This discussion addresses property partition following the death of one of three brothers who jointly inherited four houses. A key question is whether the deceased brother's wife and minor daughters, along with their mother, need to sign documents for the remaining brothers to divide the properties. It also covers a mother's desire to gift a plot of land to her deceased son's wife and another plot, currently embroiled in a legal dispute, to one of her living sons.

kavksatyanarayana (Expert) 18 August 2022
1. As per your query, you, your mother, and your brothers partitioned the properties then what is necessary to divide house properties separately? Here your query is not clear to reply for the remaining query. 2. Another house is in the name of your mother, no one has the right over it and so she can it as a gift to the wife of the deceased brother. Other signatures are not required. 3. As it is in the dispute it will not be registered till the case is closed.

P. Venu (Expert) 18 August 2022
Yes, the posting lacks. Please repost that a third person would be able to comprehend the facts and have an understanding of the issues.

Dr J C Vashista (Expert) 19 August 2022
Yes, the signature of your deceased brother's family members (his wife, two minor daughters and my mother) is required
Q 2 & 3 are probably repeated, if I am correct.
If so, your mother is absolute owner and may dispose her property in favour of anyone / two / three / any number /body of her choice.

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