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santosh (student)     04 October 2014

Family property partition


I want to get a solution for the partition of my family's property peacefully. So kindly analyse the situation and guide.

My father have 3 brothers. One is elder to him and other two are younger to him. The youngest one is an abnormal, unmarried and mentally unfit person. My uncle who is at number three wants the property should be distributed among all of the four but my father wants as the youngest brother doesn't have family and he is an abnormal person too, so the property should be divided among three of the brothers excluding the youngest one.Only legal partition is left among them, but the issue is with the younger one. Brother at no 3 had also sold the property in past in the name of the abnormal brother.Number 3 brother wants to acquire the property of the youngest brother after getting partitioned of property among the four.Kindly help us to get out of this situation and how i can stop my uncles greadful approach.


Thanks and regards



 5 Replies

adv.raghavan (Advocate,9444674980)     04 October 2014

Property devolve upon all the legal heirs equally, no one can have personnel ambitions.With regards to younger brother who is mentally sick, his property has to be taken care by Court appointed guardian. any attempt to partition property ignoring legitimate share of legal heir will land up in unwarranted happenings.

M N Shaikh (Addl District & Sessions Judge)     04 October 2014

Fully agree with Ld. Advocate Mr. Raghavan.

Mrinal Kanti Chakraborty (vpo)     04 October 2014

After my mother's death i am the elder son and  my family taking care of my old aged father,and i am working in a different place so my wife and children are with my father in a own house.i made one floor on the top of my fathers house.can my other brothers and sister can claim of the property after absence of my father?

talkadsrinivasandwarakanath (advocate)     04 October 2014

All should get equal share and one has to give a undertaking that he will look after the younger brother till his death with utmost care

adv.raghavan (Advocate,9444674980)     05 October 2014

With regards to query for Mr.Mrinal,

After your father, all the sibling are entitled for equal share.

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