• Property for two sons, both parents passed away

A property and a will kept by my mother is in name of the two sons. The elder son does not want to give away property 50-50. He is delaying teh process and nto answering any questions. 

How can teh process be made faster and what is teh right processto split the property ?
The younger son is in US and elder son is in Mumbai.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Hello,

You cannot demand a share in the property which is willed to one or all your brothers. The property which is ancestral can only be subject to division among all the natural heirs. So first of all be mark the property which is ancestral and which had NOT BEEN willed to anyone. Then file a partition suit in a civil court. The court will issue sumons and it doesn't matter whether your brothers are in usa or mumbai.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) on demise of mother executor should apply for probate of will

2) enclose mother death certificate

3) notice would be issued to legal heirs . if there is no contest you would get probate in 6 months

4) file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

As per said WILL you and your brother have equal rights. The said WILL has to be declared as Probate before property jurisdictional District Court. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Dear Concerned,

Filing of partition suit in this matter seems to be the only available option , the case will be filed at the jurisdiction location of the property.

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

1. This is often the picture when the property is joint one and one of the co sharers is in possession of the property.

2. So when such situation arises intervention of court remains only option.

3. Therefore file a suit for declaration wherein the court would declare your half share in the property and then by final decree would demarcate the respective properties for separate possession.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

file suit for partition for division of property by metes and bounds. After the death of mother the right over the property distributed among her heirs as per will. WILL has to be declared as Probate.if there is no one is contested in the case you would get probate in 6 months .

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

This is my response to you:

1. Has the mother passed away?

2. If yes, then you must file a probate petition in court and the executor should distribute the property;

3. If no, and then there are disputes then the brothers can file a partition suit and let the court pass order as to the share of property to be divided;

4. It is better that the process is settled amicably without approaching the court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. First of all the Will has to be authenticated by filing a probate petition in Bombay High Court which is compulsory

2. once probate is granted for the Will, the executor appointed under the Will can transfer the respective 50% share to each brother as per the Will

3. however if your brother disputes the Will then the probate petition will be converted into a lawsuit

4. the outcome of the suit will decide to whom the probate should be granted

5. i assume the property is situated in Bombay

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

File partition suit and property is situated in Mumbai than file probate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Appoint a local lawyer and send legal notice for partition of the suit failing which legal proceedings in the competent court of jurisdiction will be initiated. See the reaction of legal notice. If he initiate, decide mutually and if he does not initiate, file a suit for partition and you would definitely get your share as per Will of your mother.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

By Mets n bounds u two can execute a partition deed or else You can file a partition suit in the court.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

Firstly, you'll have to apply for probate of your mother's will in civil court.

After that, you can apply for partition of the said property in civil court.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

First a legal notice may be issued demanding partition and separate possession.

If there's no reply then the best choice is to file a partition suit for the desired relief.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The will can be probated. And the share can be distributed as per the will

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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