The Property (leasehold land with building in Mumbai) in question is self acquired by father ABC. ABC bequeathed equal share in propery to his two sons XYZ and PQR. The will has been probated nearly 4 decades back. ABC is married with 2 daughters and PQR is unmarried.
Can elder son XYZ seek partition of his equal share to create clearly define his share with brother who is not cooperative at present ?
Can XYZ gift/will his equal share before partition to one daughter alone or sell his share to third party ?
It is advisable to gift/sell XYZ's share after partition or before partition ?
It would be helpful if somebody could advise procedure regarding above.