• Making partition deed

My father passed away on 1997 mother alive we are three brothers and three sisters all are married and settled in various places . Now I want to make partition deed of my fathers property equally to all my family persons. But my elder brother and one sister not showing any interest to do the same. So, my question is how I make the partition deed equally to all my family persons?
Asked 1 year ago in Property Law from Rajarhat, West Bengal
Religion: Hindu
1) if your elder brother and sister are not agreeable to execute deed of family settlement you have to file suit for partition 

2) obtain an injunction restraining them from selling the property 

3) suit would take some years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. You can not unilaterally execute and register a deed of partition.
2. So if any of your brothers is not willing to register the partition deed then filing of suit for partition is only option left.
3. The willing members can execute and register deed of partition among themselves but non willing member may challenge the demarcation later on.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
If one or more of the co-sharers do not agree for mutual partition, then you have no option than to file a partition suit before a civil court.
In the partition suit you can pray for partition and separate possession of your share by considering the good and bad soil, for which you  can make an application in the same plaint seeking to appoint an advocate commissioner to divide and allot you the share in  the property as per your entitlement. 
Consult a local lawyer on all such further issues. 
T Kalaiselvan
Advocate, Vellore
14136 Answers
127 Consultations
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no mother cannot sign on behalf of your brother unless she is duly authorised by power of attorney 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. If all the legal heirs of your father do not agree for an amicable partition and sign a partition deed, then you have no way other than approaching the Court for partition,

2. File a partition suit before the civil court claiming your share of he property making all other legal heirs  as parties of the suit,

3. The Court will finally appoint a commissioner who will make the partition for all the legal heirs of your father's said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Your mother can sign for herself only since she is one of he legal heirs of your deceased father's property,

2. She can not sign for other legal heirs unless POAs have been executed and registered by other legal heirs in her favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi, if every one in the family agree for partition then all of you has entered into deed of partition before the Sub-Registrar.

2. If they are not agree for the partition then you have to file a suit for partition of your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
No, Your mother cannot sign on behalf of anyone.  Legally she is entitled to one equal share, so she can exercise her option only to that .
She can as a power of attorney agent sign on behalf of her principal exercising the willingness or consent or decision  of the principal.
T Kalaiselvan
Advocate, Vellore
14136 Answers
127 Consultations
5.0 on 5.0
1. In the given circumstances you can file a lawsuit for partition to divide the property. The court will order the division in a manner that every heir gets his share in the property.

2. If you execute a partition deed now it may be challenged in the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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