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Rajesh Kumar (Consultant)     20 October 2012

Need suggestion on property partition between 2 brothers

Below is the query from one of my relative, please suggest on that:
They are two brothers. Currently partitioning of old property of their parents is going on.
As of now property has equally been divided between elder and younger brothers.
But elder brother would like to register his property jointly with his mother.

Can his younger brother claim for elder brother's part of property also in future, since elder brother has kept his Mother's name jointly in his property?

Also please let us know what precautionary measures should be taken so that younger brother won't be able to claim joint property of Elder brother & Mother.
 



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 1 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     21 October 2012

If any property remains jointly with the mothers name, then after mother,s death the legal heir/s will be entitled to the estate left by the mother hence in your case the younger brother too can claim from the mothers share, therefore it is advisable to have a will executed by mother in favour f eldest to the exclusion of others.


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