• Settlement among brothers

Hi sir,
my father and two brothers were living with few properties and business. All 3 brothers mutually agreed and divided the properties one by one by registering properties. But last one property and 1business suppose belongs to my father, they should sign it, but both not ready to sign and vacate the property and business. Is there any legal procedure to claim that partition is not done properly and again can we settle onceagain.
Asked 1 year ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu

See leaving that property if for other properties your father has signed on his free will and the same partition is registered so now it cannot be cancelled on ground that is was not done properly. See if the last property and business is in name of father then in that case he can file a suit for possession of said property.

Further though the partition deed can be challenge on ground that same was made by fraud and cheating and suit for cancellation of same can be filled though onus is on your father to establish same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

is there any proof of such partition 

 

2) oral partition is valid 

 

 

3) has any memorandum been  executed recording the oral partition of land

 

4 )it need not be stamped and registered

 

5) your father  can file suit to claim said property on basis of partition arrived at with his brothers 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Dear Sir,

Reopening of partition is not possible.  Since some properties are left out so you can claim partition by saying those properties are HUF properties thus issue will be resolved.

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

It depends that what was the nature of property but even if the properties were purchased from the family fund you may claim the share in the property by a civil suit to create pressure to agree to them for the settlement.

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

During father life sons don't have rights to claim in fathers self acquired property . 

Father can take legal action against son if they not vacating .

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

1. Your father has already signed the deed of conveyance for transferring the properties/business in favour of his other brothers which he can not withdraw now.

 

2. The deeds of conveyance of all the properties/business should have been registered on one day which was not done.

 

3. Your father can file a declaratory suit praying for a declaration that the remaining property belongs to him as per the verbal partition with a direction upon the Regfistrar to register his name as the sole title holder of the said property/business. 

Krishna Kishore Ganguly
Advocate, Kolkata
23548 Answers
640 Consultations

5.0 on 5.0

Dear Sir,

If all of you have executed a settlement agreement then all of you should sit together and try to find out why the 2 brothers are not willing to complete the transaction.

You may seek legal help to send a legal notice requiring them to complete the transaction.

 

Uma Vyavaharkar-Acharya
Advocate, Mumbai
33 Answers
1 Consultation

5.0 on 5.0

If your father is alive and it's his self acquired property you can't pray for partition. Yes if he is not alive then you can pray for partition of that specific Property

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

If parties dont mutually agree, then a partition suit will have to be filed

The parties can also once again mutually settle the balance property without going to court 

 

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

This can be done through partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

Hello,

For mutual settlement you will have to talk to them.

Otherwise, a civil suit to claim the share in the property can be filed.

Regards 

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

If it was their father's properties and there was an oral partition among themselves, then the other siblings should honor the orally agreed deal among themselves.

If they do not agree for this or not cooperating with your father, he may file a partition suit seeking his share in all the properties equally including the business.

This litigation may put pressure on others so that they will come for a negotiation table.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Is any clause mentioned about mutually agreed to dividing the properties,   in earlier registered documents to his brothers?

If yes, surely you can initiate the legal proceedings

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

1) Do you have any proof of other properties were joint and later they got separated legally so we can file for separate partition for your father's name according rest of the properties with mutual understanding.

 

for this all 3 brothers should alive as per now.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Was it a family partition among your father and his two brothers of ancestral properties? If your father had signed the partition deed willingly, he cannot raise a valid dispute now. In any case, all relevant facts and documents have to be studied in depth to render you proper advice.

Swaminathan Neelakantan
Advocate, Coimbatore
613 Answers
6 Consultations

4.9 on 5.0

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