• Property partition between brothers after father's death

Dear Sir/Madam,
Please help me to understand the law and advise me what to do.
we are six brothers and 4 sisters. My father expires 2 years ago. Left one big house, and 2 Lands in out side of city Patna.One of them is on my mothers name. she is also not alive (1997) I live in Bangalore. Now after 2 years also we cannot divide the property as all six are not agree. Even one of brother says he have some documents from father signed. Dont know Its WILL or what. He warned me that have guardianship documents to take care of property.
1)Please advise how to know, its WILL or something other.
2)There is any validity of WILL ? as after 2 years its not presented and he is blackmailing me.It means even after division he will blackmail all of us?
3)What i must do? if file a case for division, I can file it in Bangalore? after that any way the case will be transfered to Patna? so i have to go always patna for it.
4)One of my son is Invalid. Its give some protection for him on his grandfathers property?
5)What i earned in my life period, it will be also comes in division? As one of the brother was blackmailing me like this also.
6)Afterall i want my part in my fathers property. Please Advise my steps to be done.
Please reply & Help.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hi, you have to file a suit for the partition in the place where your house property situated and from your narration some lands is also situated in outside the patna so you can file  a partition suit either in patna or in whose jurisdiction the house is situated or   in place your  lands situated in that court only.

2.  You can't file a suit for partition in the Bangalore court.

3. For partition of the property with regard to only ancestral property  and not self acquired property of yours and no one has right to claim yours self acquired property.

4.  One of your brother claims that your father has executed a will then if you file a suit for partition then he will come up with a defense that  your father has execute a will  and on burden lies on him to prove the will.

5. You have 1/10 th share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. The nature of the document, purported to be executed by your father, is required to be known to say what rights have been created by it. 

2. If a will has been made by your father then the property will devolve in terms of the will. 

3. Guardianship is related to the protection of person or property of an individual who is minor, or is incapacitated to manage his person or property. 

4. If the will of your father has been forged by your brother then you may challenge the will in the court which can rule it down as illegal. 

5. If no will has been left by your father then all his properties will devolve equally on all his legal heirs. 

6. Whether or not a will has been made can be ascertained by carrying out a title search in the office of the registrar. Take the assistance of a local lawyer to carry out this exercise. 

7. You can file for partition to cull out your share in the property. If a will is set up by your brother then you can question it. 

8. What do you mean by ''one of my son is invalid"? Your son has no share in the property of his grand parents as long as you are alive.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) on your parents demise you hav 1/10th share in all land owned by your parents 

2) you have to issue legal notice and file suit for partition to claim your share in property . 

3) in the event your father left any will your brother would have applied for mutation of property on basis of will . 


4) the fact that your brother has not done so nor produced the will does create suspicion as to whether any will has been left by your father or not . 

5) you can always challenge the will if it appears to be a fabricated document and not signed by your father in presence of 2 witnesses 

6)partition suit has to be filed in   Patna where the property is situated .
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Hi,
1. The document which your brother claims,, if it is a WILL you can challenge it, Since nothing is reveled to you You can go ahead with a legal proceeding to get your share, file a partition suit for the same. Your brother will have to submit all those documents which he claims to have given to him rights in the property by the father.you can challenge the same in the court.

2.WILL has no limitation but the delay in not revealing it shows that something suspicious  in terms of a fraud committed by him.
3.Yes you should file a partition suit for your share.
4. You said one of my son is invalid- do you mean to say he is mentally retarded or handicapped, whatever the case , right now your son does not have right in your father's property as you are alive. Whatever share you get it shall be divided between your legal heirs that is your wife and all children equally. 

5. Your self earned property /assets will not come in the partition as it is your own assets and no one has share in it  while you are alive, after your life your wife and children are the legal heirs of your earned property if you do not make any testamentary documents.

6. File for the partition suit in patna where  the property is
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1.You need not know what it is. the person claiming to hold any document must lodge his claim before other claimants as per the said document and till then it is considered that there is no such document. Only verbal claim will not be considered, 

2. First you shall have to ascertain whether there is a Will or not. After that its validity can be challenged on merit. Any lettter/document authorising your brother to take care of property does not bequeath the property to him. After vproperty is partitioned mutually or through Court, it can not be challenged further,

3. File a partition suit sending legal notice first to all the legal heirs. If anybody claims to hold any ownership document, he will reply your said notice accordingly and at that time you can decide whether you will challenge the said document or not. The suit shall have to be filed before Patna Court. You need not travel to Patna always. Your lawyer can take care of your case,

4. You shall inherit your father's property and non of  your son will inherit it during your lifetime,

5. Your father's property only will be devided amongst all his legal heirs, not yours,

6. You will get your share of your father's property if he has died without writing any Will any favour of anybodyelse.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Apply in the partition suit for a Receiver who shall take account of money earned from the suit property. You can claim your due share out of it once decree in your favour would be passed.
2. The sisters can concede their shares in favour of other parties to the suit. Alternatively they can execute and registered deed of release/gift in favour of their brothers.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1) you can  pray for appointment of receiver in partition suit . 

2) you can pray your share of rental income in suit proceedings . 

3)disposal of partition suit would depend upon pendency of court cases in your city . 

4)sisters can execute deed of relinquishment / gift deed in your favour . 

5)you can contact a local lawyer . he will on payment of legal fees prepare draft of relinquishment deed/ gift deed
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. You can file for partition and therein apply to the court to appoint a receiver to take the rental of the property and thereafter apportion it according to your share.

2. How long it will take for the court to decide your suit depends on the pendency of cases in the concerned court.

3. Your sisters can gift or relinquish their share in your favour by making a gift deed/relinquishment deed. 

4. Engage a local lawyer to prepare the required document for you.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi, you have to file a suit for partition and ask for means profit for then renal income.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. For claiming you share of even the rental income, you shall have to file partition suit,

2. Since litigation takes time, you should file it immediately,

3.If the sisters wish, they can relinquish their shares in favour of any of the legal heirs they wish to.

4. Engage a local lawyer to file your partition suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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