Sirs,
My father expired few years back leaving behind my mother (M1), 2 sisters (S2 and S4) and 2 brothers (B3, B5 and myself B6). The legal heir certificate is on all the six of us. Father had the following property and has not created any will. All sons / daughters are married and have children (some of the children are married and have kids).
a. Individual House in the city (Presently occupied by M1, B3 and B5);
b. House Plot on the outskirts of city
c. Dry Land - Title is still in father's name but being used by father's colleague.
We have been discussing for all these years for a amicable partition of the properties but consensus eludes as eldest sister (S2) is bit arrogant and needs a larger share. Settlement needs to be done early as elder brother (B3) needs money to meet his urgent needs. Some of the members of the family have converted from Hindu to Christianity.
Please clarify / advise:
1. For (a) and (b): Does all the legal heirs have equal share (or) is there any preference to be shown to elder and non converts / present occupiers. Does conversion has any impact on the partition / share.
2. How to treat the peculiar case of property in (c) since it is being enjoyed by friend of my father by a oral understanding which some of the heirs acknowledge and others don't.
3. How to force a very quick decision on S2 and save B3. We have failed for all these years.
4. Is it advisable for all the legal heirs other than S2 to release their respective shares in favor of another brother B5 for a consideration so that B3 who urgently requires money is satisfied. What would happen to share / share money of S2.
5. Any other solution in the above circumstances.
Regards
Ramuk.