LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amit Rathee (Student)     17 November 2012

Property partition based on will

We are 2 brothers and 3 sisters. My mother had 800sq mts propoerty and died with a will dividing property in 2 parts equally in brothers. I got the will registered in the name of both brothers. My father has 600 sq mts property and he died intestate. My father died after my mother. all my 3 sisters are married. We also have 4 acres of land in village and names of brothers are mentioned in the patta as there is no name of my father in that . this is ancestral land

My questions are ::

1) How to partition the entire Property of my mother and father . Can my sisters claim in my fatehr's property and mother's property? Can they claim share in ancestral land as well ?

2) They are not willing to divide amicably and nor willing to sell . Whta is the best way out?

3) Do I need to probate the will first or I can go directly for partition suite?

4) How much time will it take to get the partition done ?

Regards,

Amit



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 November 2012

1) How to partition the entire Property of my mother and father . Can my sisters claim in my fatehr's property and mother's property? Can they claim share in ancestral land as well ?

Your sisters have a right in ancestral property + when father expired without a will his property automatically vested in each to the tune of 1/5th each. As regards mother's property since it was got by a will from mother - it is brother's absolute property and need not be divided. 

 

2) They are not willing to divide amicably and nor willing to sell . Whta is the best way out?

 

Suit for partition. 

 

3) Do I need to probate the will first or I can go directly for partition suite?

 

Depends on the state you are in. 

 

4) How much time will it take to get the partition done ?

 

Amicably - 30 minutes, Contested - may take a long while in the court. 

 

 

Good Luck !

 

 

Bharat Chugh

Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register