Property partition dispute ?

Besides the immovable property, if the movable properties are also part of the properties belonging to the deceased, then the cosharers are entitled to their legitimate share in all the properties.

If there is any disagreement between them, then nothing prevents the aggrieved person to approach court with a suit for partition and seek for proper partition with physical possession of their respective share in all the properties. 

If dispute between two brothers is for ancestral or parental properties  then anyone of them can seek partition of properties by filing suit for partition before court.

Yes. Agreed with the views of the above experts.

In a parental property dispute between two brothers in Delhi, where one brother seeks partition from in-between and the other requests partition floor-wise, the situation can be legally addressed. Here are some potential remedies:

Mutual Consent Partition:

If both brothers agree, they can opt for a mutual consent partition. This involves dividing the property into equal parts through a partition deed.

The partition deed specifies the share of each brother and helps clarify ownership rights.

Legal Rights:

Assuming the property is ancestral (inherited from parents without a will), both brothers have equal rights to the property under the Hindu Succession Act

Partition Suit:

If mutual consent is not possible, either brother can file a partition suit in court.

The court will assess the property, determine the rightful shares, and order a fair division.

Court fees for filing the suit will be a percentage of the property’s market value.

Document Verification:

During the partition process, document verification is crucial.

Ensure that all original documents related to the property are thoroughly examined and considered.

Claiming What Belongs to Whom:

As per Indian law, the brothers can claim their rightful shares based on evidence and legal principles.

The brother with custody of original documents and valuables should provide evidence to support his claims.

Additional Considerations:

Will: If a will exists, it might specify the division method or ownership rights.