we are 4 sisters and 2 brothers aged between 50 to 58 years. our mother died few months back. our father died almost 2 years back.we wanted to divide the property equally among ourselves except only one brother. he is playing game in it and wants to acquire the biggest share. our total land is 16 kottah. how can we solve the problem? if we go legally, how long it can take and what are the procedures of it?please advice.
Asked in Property Law from Kolkata, West Bengal
1. The said property stands in whose name? Your father or mother?
2. If your brother does not want to give you your share or if he claims more share than he is legally entitled to, you can file a Partition Suit for dividing the said property of your father/mother,
3. The suit will take around 2 years but after some time your brother may decide to agree with you to equally divide the said property amicably.
1) on your father demise and after death of your mother you have 1/6th share in your father property .
2) you can enter into deed of family settlement for equitable distribution of land standing in your father name .
3) each legal heir would be entitled to 3 kottah of land .
4) deed of family settlement should be duly stamped and registered
1) if however your brother is not willing for equitable distribution of land in such a case you can issue legal notice and file suit for partition for division of land by metes and bounds
2) suit would take some years to be disposed of depending upon pendency of court cases in your city
1. Who originally owned the property?
2. If the property was owned by either of your parents who has not left behind a will then you and all your siblings have an equal and indefeasible share in the property.
3. Since there is no consensus between the legal heirs to divide the property, the division can now take place by filing a case for partition in the court.
4. It may take a year or so for the division to take place through the process of court.
1. Did your parents leave any WILL?
2. In whose name is the property mutated in the municipal records for the present.
3. Assuming that the WILL does not exist, then in that scenario, all the children would get equal share i.e., 1/6th.
4. All the siblings can sign the Family Settlement Deed incorporating their respective shares in the property and also to decide whether to partition the property by metes and bounds or if there is an amicable settlement the property can be disposed off by selling the same at the competetive rate and the sale proceeds to be shared equally.
5.Convince that particular brother to agree for equal share and if he does not agree then go for Partition by metes and bounds.
Hi,all of you has to file a suit for partition in respect of 1/6th Share before the Jurisdictional court.
2. How much time will take for Completing the case no advocate will assure it is depends upon facts and circumstances of each case.