If no legal heir of your father have any problem with this arrangement than all your fathers living heirs i.e. you all siblings and mother can make a family settlement deed with your fathers brother giving him that portion of land according to your fathers wish. Specifically mention in the deed that it was your fathers oral will if all the legal heirs sign and consent along to name of your uncle then documents will be registered and the property shall be transferred accordingly.

Since on death of your father without will the property according to law dissolve on his wife and children , also it is very difficult to prove a oral will in court so in case all are ready and accepting the oral will then you can draw this family settlement deed based on your fathers oral will. The necessary condition is that all the parties should agree to this if any one among children of your father or your mother can challenge the oral will. So consent of all the legal heirs is required.

Enter into deed of family settlement

2) deed should be stamped and registered

3) apply for mutation of property in name of legal heirs

4) enclose father death certificate

5) if no objections are received mutation would be done in name of legal heirs

Post your father's demise, this property devolves upon the class I legal heirs left behind by your father.

Your father's brother is not a class I legal heir to your father.

All the legal heirs to your father must collectively relinquish these 2 acres of land in favour of your father's brother.

1) Yes, you all legal heirs want to the property should be distributed among you all brothers and uncle as per your fathers wish.

2) At the time of the inserting legal heirs name on the property, in the books of mutation there are two options you can go with it.

a) Apply all legal heirs name on the property including your uncle's name and make the partition deed later once all names are applied on the property.

b) Apply all legal heirs only and later prepare relinquish deed or gift deed transfer 2 acres of land to uncle's name.

1. Mother plus all siblings will have share.

2.mother approval required.

3. You have to make a written deed on stamp paper drafted by lawyer and registered with sub-Registrar.

4. That will be a costly process first you all have to make a relinquish deed in favor of mother than she will make a gift deed in their favour alternativly what you can do is all (mother plus all siblings) jointly can make a gift deed in favour of uncle.

1) mother and siblings have equal share in property

2) it is better get mutation done in name of all legal heirs

3) deed of family settlement should be signed by all legal heirs

1) You all got equal rights after fathers death.

2) For her share, she does not require any one permission from other co-owners.

3) You should get family settlement among yourselves, as partition deed and get register with registrar.

4) you will get less cost by Relinquish Deed.

Q1. Is my mother get the direct ownership since my father death or my mother and all my siblings got the equal right on the property.

Ans.Your mother and all your siblings got the equal right on the property.

Q.2. Is my mother approval required to distribute the property or it's only me and siblings.

Ans 2. Since your father died intestate, your mother, you and your siblings are joint owners. You can gift 2 acre of land to your uncle jointly or you can relinquish 2 acre of land in favour of your uncle.

Q.3.where should I get this family settlement deed

Do we need to start with creating new passbooks for this agricultural land or start with register office to get legal documents for ownership.

Ans.: It is not the joint family property hence no settlement deed required. Get a relinquishment deed executed and registered in the office of concerned Sub Registrar and submit a copy of relinquishment deed with the revenue office to get the land mutated as per the relinquishment deed. Before getting the relinquishment deed executed and registered, go to the revenue office and submit a copy of death certificate of your father and get the land mutated in favor of your mother, you and your sibling. Once the land mutated in favor of your mother, you and your siblings, you can relinquish 2 acre of land in favor of your uncle.

Q.4. Is it a good way to get all the land to my mother name and then she provide the land to us as a gift deed.

I mean which way will cost me less.

Ans.: As advised above, to get the relinquishment deed executed and registered in favour of your uncle is cheapest way. In Gift deed you have to pay for stamp duty as per the circle rate.

1. Your mother will have equal share in absence of will and like your siblings she will also be entitled to one part of share.

2. No approval of mother isand required but.She has to be made one of co sharer in property or later she may file a suit for partition.

3. Get your father death certificate and all property documents approach deed writer for making family settlement deed and thereafter go to subregistrar office to get ir registered.

4. It can be done but again you people need to pay stamp duty for gift deed which may be high in some states.

If there is a will written by your father or there is an oral agreement within the family then you all can draw an amicable partition among yourselves, get it registered and get the revenue records transferred in their respective names.

Your mother is one among the legal heirs hence she will be entitled to one equal share.

Your mother can exercise rights for her share alone

Get the partition deed registered and then apply for mutation.

That will not be legally valid

1. Mother and other siblings have equal right.

2. Even your mother's approval is required, if she has to part away a piece from her share of entitlement too,.

3. See a lawyer so that he drafts a family settlement for you and gets the same registered.

1. EXECUTE a duly Stamp Duty paid & Registered "Family Settlement Deed", with proper strategic clauses, stating the detailed terms of division of Land to each of the residual Legal Heirs.

2. Using the above, apply to the Tehsil office, for invididual mutation of land in the names as described and agreed in the above Deed. This will be legal for all purposes.

Keep Smiling .... Hemant Agarwal

If it's your father property then only his wife and his children is the legal heirs. You can mutually distribute the property amongst yourselves. If there is a conflict then you can move for partition in court.