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Vikas Saraf (Tax Consultants)     16 April 2009

Distribution of Property

Peternal Property consists of  House and legal heirs two sons, both father and mother are alive and their age is apporx. 80 and 85 and the property is not been distributed/divided.

They show excess importance to elder son. Suspecting some instigation is being done by elder son to divide the property inequally.

What would be the position of younger son in this regard?


 3 Replies

Y V Vishweshwar Rao (Advocate )     18 April 2009

Dear Vikas !

You have to mention the nature  of the proerty , Self acquired property of  of yoru fahter or it is Joint proerty between you, brother & fahter  ( acquired with Joint Efforts )  , or  it is  ancestral  Hindu  Joint family proerty , and other details be mentieoned to   give a reply /opinion !

sanjay singh thakur (advocate)     18 April 2009

Dear Vikas

You have to give exact nature of property and only then we can appreciate things properly. However, if the matter pertains to dwelling House then the same cannot be partitioned in all circumstances. Hence other factors are equally pertinent.

Vikas Saraf (Tax Consultants)     18 April 2009

Sir, The Property consisting a tiled house which was given by a will to the mother by her  father out of his share fallen.  The  mother consists of 2 sons and the father and mother are apprehensive of elder son and as per instigation the property in question is giving a doubt whether younger son is also having equal rights over the property or it can be enjoyed by elder son alone in view of his instigative nature and attitude.

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