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rima (hosewife)     30 March 2013

Land issue

hello,

Its an issue of land partition. my elder brother is residing at my parents place as they are dead.  we r family of 4 sisters and 2 brothers. he stays in gujarat.my parents didnt make any will. one of my sister is dead as her husband killed her. now her child is 18 years old. my elder brother is now denying to give us the part of the property. he is residing there since 4 years. my youngre brother has taken already a  part from the parents and he signed an agreement which declares dat he cant avail for the part of the property. Now even he wants the part of the property. The property is  2bhk in gujarat which is approx of 30 lackhs. My elder brother has also taken a part of the property but there is no proof of dat. Now we r planning to lodge a case against my elder brother. But he has the property papaers and even the death certificate of parents. he is denying to leave the house,

                                    May u pls reply to the msg asap. thanks and loking frwrd fr a repy frm a lawyer .

 

 

Thanks



Learning

 3 Replies


(Guest)

Rima Ji,


You can file Partition Suit to divide the property equally among you all brothers-sisters.


Your younger, if whatever he has signed, was duly executed and clearly mentions that he has already received part of the property, then he will not be entitled to any share.


If your elder brother has all property papers and death certificates of parents, this doesn't mean that he can retain whole of property excluding others.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     31 March 2013

Mr. Naik,

Female cannot demand partition unless all male agree to it as far as dwelling house is concerned. 

Who will divide a single FLAT in co-op society???? nobody deny her share. IT IS NOT LAND  PROPERTY. 

 

"The property is  2bhk in gujarat " SHE STATED. 


(Guest)

Mr. Shroff,

 

Section 23 : Special provision respecting to dwelling houses. - was repealed by the Hindu Succession (Amendment) Act, 2005 (39 of 2005), sec. 4 (w.e.f. 9-9-2005)

 

It is nowhere mentioned in The Hindu Succession Act, 1956 that only 'Land' property can be partitioned/divided. 


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