• Can we brothers exchange our share with married sister

Hi,our father had willed his self acquired residential property to our mother and not willed other plots and died in 2008.our mother too died without will.
We are 2 brothers and 1 elder sister who is happily married for 24 yrs. as we know she has a equal share .
My question are:1) can we bros give our full share in other plots to sister against our residential house , as she is interested in our residential house also. Can court decide and how?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1. Brothers are at liberty to release their share in favour of sister through a registered release deed.

2. Your sister too can release her share in the residential house in your favour.

3. Since your mother had died intestate in respect of the residential house that was bequeathed to her by her husband it has now devolved in the share of 1/3rd each on all three of you.

4. In the plots too the share of every heir is 1/3rd. Any heir is free to file a suit for partition to cull out his/her share if there is no amicable settlement.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) deed of family settlement can be entered into wherein your sister would be absolute owner of house and brothers relinquish their share

2) sister can relinquish her share in other properties

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

In this scenario you can file a suit partition to divide the property through metes and bounds i.e physically and also seek temporary injunction to restrain him from doing anything that violates your right to peaceful enjoyment of the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

File suit for partition for division of property by metes and bounds

2) seek an injunction restraining sale of property by your brother

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Hello,

The family property us still intact and is within the family. The property has to be divided among 3 persons. Now any arrangements which you do....whether give your house to your sister and take the plot or any other arrangements are permissible in law as they come within the family arrangements. You have to write it down in the form of a deed and then the civil court shall pass a decree to that effect and the matter ends.

If you have an ongoing dispute with your brother then you have to settle it first. The property belongs to you all and not to your brothers alone. If he is not allowingyou to use the property then file a partition suit.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Hi, you can make a gift deed of the house in favour of your sister .. And she can do the same gift deed of her share in the other property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

One way out is partition suit, possibly court will try to settle matter amicably or send matter for mediation there the presiding officer shall try to convince her to release her share in residential house in lieu of other plots.

It is feasible too and same court ask her,

Well, till no dispute arise, enjoy your possession, as much the longer the possession, same portion shall be order in your favor if matter reach to court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firstly, you'll need to, apply for a succession certificate of your parents in Civil Court, if you haven't done it as yet.

Then, Family deed of settlement can be entered between you, your brother your sister wherein you sister would have to relinquish her share in the residential house, likewise, your and your brother would have to relinquish your respectives shares in other plots and properties.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If you feel that your brother is trying to create obstruction and refraining you to use the common property, you file suit for partition by metes and bound, alongwith permanent and mandatory injunction with interim relief which would disable him to alienate the property in any manner whatsoever.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Client,

You need to register a family settlement deed for this purpose. You can exchange property and write it in the settlement deed.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1) can we bros give our full share in other plots to sister against our residential house , as she is interested in our residential house also. Can court decide and how?

Answer: Yes you brothers can execute and register a 'Deed of Relinquishment' and transfer all your share to your sister's name. You do not need to approach the court as of now. But if there is dispute then file a Partition Suit;

This is my further response to you:

1. If your brother is trying to seek full claim then send him a legal notice;

2. Try to settle the dispute amongst yourself;

3. If negotiations fail then approach civil court and file for Partition Suit;

4. At the same time file application for injunction against your brother from occupying the whole premises and/or selling it off to third party.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. if all parties are agreeable then a family settlement deed can be executed

2. no need of going to court

3. the father's plots and mother's residential house (which she got through Will) will all devolve on the children who are the legal heirs, in equal proportions

4. so instead of fighting in court, it is better all siblings enter into a Family Settlement where the parents' properties can be mutually distributed as agreed

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. Court cannot partition the property if there is an objection to the proposal from any one shareholder also.

The court will follow the next procedure as per provisions of law if there arrives no consensus among the shareholders.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

There seems no understanding among you siblings over the division of property among yourselves.

In the given situation you may have to file a partition suit seeking partition and division of properties with separate possession considering good and bad soil by metes and bounds.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. See if she is ready for such mutual settlement then it can be done otherwise she can claim share in all properties or the properties can be equally divided as per there value.

2. See it will be better for you to file a partition suit in the court and demand partition of the total property in that case the property shall be properly divided and all 3 legal heirs shall get the equal share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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