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(Guest)

Property partition

  Hi,

 

I want to know the procedure for family settlement or partition deed. We are 2 sister and one brother ( married and has 2 children) and property is in my father's name (swayarjita ) he expired 8years ago. After my father passed away kata is paid in my mothers name. I have couple of queries pls clarify. 

1. As kata is paid in my mother's name will the property belong to my mother?

2. If no - will the property belong to all of us (4 ie., me sister,brother and mother )?

3. In case if one of us does not willing to do the partition but other 3 wants the property to be shared equally so what next?

3. In future will my brother's children will have the rights on my mothers partition part ?

4.  My brother is married is it mandatory to have his wife's  signature  when the partition is done ?

5. If property is divided into 4 parts is it possible to join the 3 partition( 2 sister and mother's) ?

6. If the property is in joint will my brother's children will have rights as we are including my mother as joint part ?

7. Should this partition is done throu lawyer or can we do ourself ? 



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 July 2014

Dear,

 

1. Karta is never the sole owner of the property and merely a manager of the property.

2. If the property is anscestral property of your father then everyone would get an equal share and if the same has been self acquired and not been gifted or made will by your father, then also it will be shared between all 4 of you. 

3. File a partition suit and proceed with civil suit.

4. Yes, after mother's death, the property would be shared between all children i.e you three of them

5. No, brother's wife has not role to play as long as he is alive.

6. Once the partition has been done, you can stay together, but cannot have common interest in the said property.

7. As long as your mother is alive, your brother have no say in her property.

8. Its a little complicated matter, I think you better consult a local counsel.

 

 

Advocate Kapil Chandna

9899011450


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