• Division of property

My father had two properties which was divided by a railway line which ran through it. One which had a house built on it and the other had agricultural land/ orchards.

In his wealth tax and income tax he showed it as one property/ house in order to keep both properties.

In 1992 a wealth tax report was made in which only the house section of the property was shown to keep wealth tax down.

Now he has died and left this property which is termed as my residence, to be divided equally between both his sons and all others to be given to my elder son.

Now my elder brother is willing to divide the house section of the property only and the other half he is taking to be his only.

Please advise what is the legally and my legal right.
Asked 2 years ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
1)you have equal share in your father properties including the agricultural land and orchards 

2) if your brother refuses to give share file suit for partition for division of both properties by metes and bounds 
Ajay Sethi
Advocate, Mumbai
38843 Answers
2178 Consultations

5.0 on 5.0

1. You are not clear in your query,

2. Has your father left any will bequeathing the residence jointly in the name of his two sons and all other properties in the name of your elder son?

3. If yes, the the Orchard along with other properties, excepting the esidence, will be owned by your elder son,

4. Right on property is conferred based  on title deed and not on property tax records.
Krishna Kishore Ganguly
Advocate, Kolkata
16125 Answers
391 Consultations

5.0 on 5.0

As per the terms of the Will your elder brother speaking the right thing.
If you feel aggrieved then you can refuse to accept the part, dispute the Will and file a partition suit do you get equal one half of all his properties.
Devajyoti Barman
Advocate, Kolkata
10781 Answers
134 Consultations

5.0 on 5.0

1. In the absence of a will made by your father all his properties have been succeeded to equally by all his heirs namely his widow and children. 

2. You and your brother have an equal share in all the properties of your deceased father, which can be culled out by any of you by filing for partition.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

You are entitled to a share in the entire properties of your father who died intestate. 
What your brother says is incorrect and against the natural justice too. 
If he is not cooperating for an amicable settlement, you can file a partition suit against him and can seek separate possession your entitled share in the property.
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

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