• Process of partition among two brothers

We are two brothers.Our father expired without leaving any will.our mother wants to gift her share to us.What is the procedure for partition this property equally among us(two brothers) at minimum cost.please clarify all steps as we can separately owned a original copy of deed.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

1) apply for letters of administration as father died intestate

2) your mother can execute consent affidavit wherein she relinquishes her share in favour of you and your brother

3) it should not take more than 6 months

4) deed of partcsn be entered into for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You can register a settlement deed detailing the shares of the properties both of you and your mother agree to be settled with.

2. After settling the said property duly diving it with metes and bounds and registering the settlement deed, you should get your individual names mutated in the land records and star paying taxes individually and separately.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Deed of partition is always the best option to divide the joint proeprty between co sharers. Stamp duty would be 2%.

However the original registered deed would be only one but you can get as many numbers of certified copy as you want.

If you are from Kolkata feel free to contact me for this job.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Your mother has to execute a gift deed if she intends to gift her share to you.

2. To partition the property a partition deed will have to be executed between you and your brother.

3. The gift deed as well as partition deed will have to be stamped and registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your mother should execute a registered release deed in your favor relinquishing her rights in the property.

Subsequently you both can draw a mutually agreed partition deed, get it registered and acquire possession of your respective share of property, even you apply for mutation of property records in respective names after registration of partition deeds.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer