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Karthik Subbannan   29 January 2020

partition related query

sir
my father wants to partition his property between me and my brother.
Property A - My father got this agricultural land through registered will dated 1973 from his. maternal grandmother which was self acquired by her.
Property B- This property is a vacant land who has got this land by registered will in 1975 from his mother which was again self acquired by her

in both the above property nothing was given to my aunt as my father haf done the marriage expenses of the sisters. But nothing was mentioned in both the will.

my question is.
1) is my father is the only signatory required for doing settlement to me or my brother?
2) will there be any legal risk if only my father signs the settlement or partition deed?
3) is settlement deed better or partition deed

thanks


Quick Summary
This discussion explores the legalities of partitioning ancestral property between siblings. The main questions revolve around whether a father's signature alone is sufficient for a settlement or partition deed, potential legal risks involved, and the advantages of a settlement deed versus a partition deed. It also touches upon the father's ability to gift or sell the entire property without the consent of his children.

 2 Replies

shamataneja (Advocate)     29 January 2020

Your father should make a will bequeath u 50% and 50% to ur brother. He can also make a partition deed or final settlement. Final settlement will be better. Shama Taneja

Karthik Subbannan   31 January 2020

thanks sir..can my father do 100percent settlement of the two properties on my brothers name without my signature? or sell the property to third person without me and my brothers signature?

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