• Property partition between 4 brothers after father's death

We are four brothers. My father & mother had purchased property jointly in their name 35 years back. Now my father expired without leaving any will, my mother is co-owner & she got her name in all the property documents. My parents had divided the property among 4 brother in-a-way; property divided in two half one-side 1st brother is on the ground floor & 3rd brother is on the first floor above than 4th brother is on the ground floor & 2nd is above on the first floor. The 1st & 3rd brothers have constructed the house & living happily. But the 2nd brother wants equal share in the 4th brothers property. He wants us both to built ground + first floor, We are not welling to built that type of house my mother is living with us so she will find it difficult to climb the stairs. There is no will done as yet can you advise me?? How can we produce my mother will???
Asked 1 year ago in Property Law from Margao, Goa
Religion: Christian
1) was partition made by your parents by partition deed ? Please clarify 

2) since your father died intestate on his demise his 50 per cent share would devolve on all the legal heirs 

3) your mother can execute a will in respect of her share in property 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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1) deed of family settlement can be made for division of property among all the legal heirs 

2) it should be duly stamped and registered 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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Hi, all of you entered into partition and divide the property equally.

2. As of now property is in the name of your mother and your mother is the absolute owner of the half share so all the brother has right to claim only half share in the property in legally.

3. If your mother has execute any will or gift any one of them they become the absolute owner of the property.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Even oral partition is held as a valid partition in the absence of written partition deed when the shareholders occupy their respective share in the property and have been residing in their respective share of property ever since the said oral partition.  There are  various judgements for this by apex court.
If you do not want to accept his demand ask him to proceed through court and let the court decide.  Because the court generally do not interfere when there is an evidence of partition taking place earlier before  approaching court seeking same relief.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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Hi sir/madam, it will fully depend upon your amicable settlement to resolve the matter. You should convince to your 2nd brother. If your mother get her share then only your mother entitled to written a WILL. You have entered into written partition immediately at that time you have to resolve the dispute.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. After the demise of your father intestate, his share of 50% of all he joint properties are to be shared amongst all the legal heirs of your father being all 4 brothers and your mother,

2. How can your mother get her name registered in the Registrar's office as the title holder of your father's share of the joint property?

3. Change the name in municipal and/or BLRO records does not give title of the property,

4. Has your mother made any settlement/partition  deed for dividing her share of the property?

5. Get the matter amicably settled and get the settlement registered since afterwards it may take a complicated turn.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Any transfer of title of property is required to be Registered as per Registration Act,

2. In the instant case unregistered partition/settlement will not be accepted as valid legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. After the demise of your father all his children have succeeded equally to his share in the property which he owned jointly with your mother. Any one of his children is at liberty to file a suit for partition to cull out his share in the property.

2. Your mother can make a will of her share in the property.

3. An amicable family settlement is advisable.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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