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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



 2 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

 

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