Raj (Manager) 06 March 2013

Regarding the property partition

Hello,

I have three bothers,and i am youngest in all of them.2 elder brothers are married and i am unmarried. I lives in a town and my elder brother lives in a Village.And My Eldest bothers( Who is elder than 2 Brothers attitude) is not good in a favour of my mother and my family memebrs.Whenever we Visit my hometown he Quarrels with us.And, when we talk to distribute the property and live Seperately, he is not agree to do so.all Property is on name of my mother.Then, what i have to do for the Property distribution.

So, Plz suggest me that,What i have to do....can i lodged compain in a Police station

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5 Replies

Rajendra Shrivastava (advocate) 06 March 2013

you have to file a suit of partition.

Adv Archana Deshmukh (Practicing Advocate) 06 March 2013

If the property is in the name of your mother, you cannot do anything regarding the property distribution against her wishes. As she is the absolute owner of the property she can choose to divide the property in the way she likes or even oust anyone from getting anything during her lifetime.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 March 2013

Hats off to Ms.Archana. Very nice suggestion is given. I too suggest the same.

Praveen (sdc) 07 March 2013

Hello Advocates,

I need a suggestion. I am 33 yrs old and i stay with my mother at own house constructed by my father in 1992.

I have 2 elder sisters very well settled.

After my father passed away i had transfered the katha into my mother name. Now she is asking me the share the propoerty into all four people.

I am not in the position of selling the property nor i have money give them the 3 divided share amount . Hence i am requesting settlement with lower price. If this doesnt happen can i still go to court as i belive the sale deed represents the final transfers. which is still in my father name.

Suggest please

Raj (Manager) 06 May 2013

Hello Advocate Archana,

My Mother is agree for the partition and she is agree to distribute all property among my 3 brothers,but my elder brother is beating and crushing to my mother and demanding more property than actual property he deserves.he is also threatening to my mother and us to kill.Now, waht i have to do for the partition so, that we can live happily.