Division of joint property
our property is of 1 my father and 3 my uncles total 4 parts and in my fathers property there is 9 parts now my yonger brother wants to take his divided share in terms of divsion of property as shop or gala however i want to give him it in full and final settlement of disputes created by him in this i want legal advice agreement or all documents to be registered as well as i m not selling or giving gift so what will be the registration or legal procedure to do the needful.
Asked in Property Law from Mumbai, Maharashtra
if property of your father iis a self acquired property then he has absolute right to decide about its future with respect to transfer,if it is an ancestral property then your brother can claim 1/9 share in property
Advocate, New Delhi
in your father ancestral share of property your brother has 1/9th share in the property . deed of family settlement can be made for division of property . have document duly stamped and registered.
as far as self acquired property is concerned your father can bequeath it by will or sell it or gift property to whom sever he desires .
1. If the property is ancestral then your brother has an equal share therein which he can cull out through filing a suit for partition. Legal battle can be avoided if there is a consensus among all the 9 members to divide the property equally by making a deed of settlement.
2. Your father can at his sweet will sell, gift,will or mortgage his self acquired property.