• Property split among siblings

Context: Our father paid for a property which was registered in the name 4 of the kids, it was a big piece of land. All the four kids then developed this piece of land into building plots and split among themselves a certain portion also went to the developer as a payment towards developing the land into plots.

Question: Can any of the siblings lay a claim on other siblings plots for any of the reasons like inheritance (not sure if it will apply) , unfair split of the plots etc. I

Question: If I, as a recipient of portion of the plots , further subdivide my portion of plots to my minor kids and wife, will that prevent any future claim from the next generation of the other siblings?

PS: asking these quesitons for obvious reasons of safeguarding my portion of plots and making sure they are passed onto my next gen.

Thanks in advance for your advice and inputs
Asked 10 days ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

How was the split of the property among the four kids done?

Was it through a registered deed of family settlement or a deed of partition?

 

In that case, your siblings cannot claim any share in your portion of property

 

The next generation cannot also claim any share in the property

Ajay Sethi
Advocate, Mumbai
97982 Answers
7950 Consultations

You ought to enter into deed of family settlement for division of 6 acres to avoid legal disputes in future 

Ajay Sethi
Advocate, Mumbai
97982 Answers
7950 Consultations

If the siblings have got their respective shares by way of a registered deeds then it amounts to partition only and in that event one can not claim another's share anymore. 

Devajyoti Barman
Advocate, Kolkata
23424 Answers
528 Consultations

1. Registered Partition Deed or Sharing Agreement, executed by you and your siblings, with the Developer, prevents claims from other siblings.

2.  When there's clear partition/sharing of the individual land/plots, by registered partition deed or sharing agreement between the developer and siblings, clearly demarcating the developer's and individual sibling, then no one, other than the allotted one, will have any right over the same property.

Shashidhar S. Sastry
Advocate, Bangalore
5495 Answers
333 Consultations

  1. Property registered in name of four sons, I presume in equal portions. Some who did not get equal share were compensated. It is just and equal division of property.
  2. It is not clear, further division with developer is evidenced by any document. Unless such division is recorded, any sharer can question the division claiming unfair division.
  3. You are advised to get the division through a proper partition  deed or at least on unregistered family settlement deed. Such family settlement is valid and admissible in evidence.

Ravi Shinde
Advocate, Hyderabad
4663 Answers
42 Consultations

1️⃣ Can siblings claim each other’s plots?
✅ If the property was registered in all four siblings' names from the beginning, each sibling has absolute ownership of their allotted plots.
✅ Inheritance claims do not apply unless the property was ancestral.
✅ Claims of unfair distribution are weak unless there was a prior written agreement on equal division.

2️⃣ Can subdividing my portion to my wife & minor kids prevent future claims?
✅ Yes, transferring the plots via Gift Deed or Sale Deed to your wife and children strengthens their ownership and reduces risks of future claims from other siblings’ descendants.
✅ However, if a legal dispute arises later, courts may still examine past transactions.


Recommendations:

🔹 Execute proper Gift Deeds or Wills for succession planning.
🔹 Maintain clear records of the original division and agreements.
🔹 If concerned about disputes, get a legal partition deed signed now.

Would you like assistance in drafting legal documents?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
826 Answers
3 Consultations

The vacant site was developed as plots by the developer on the basis of the joi8nt development agreement signed by all property owners (4 brothers), the agreement clearly states the title and entitlement of each owner and the return of their rights/investment etc, hence any claim as what you anticipate in future will not be legally maintainable.

The plots allotted to you shall become your own and absolute property i which not only the next generation children of your siblings can lay a claim but your own children also cannot claim any right over it during your lifetime.  

T Kalaiselvan
Advocate, Vellore
88184 Answers
2382 Consultations

Sir/Madam,

It is suggested that a deed of parition be prepared now (though it be late) clarifying the situation, in order to avoid future conflicts and this will ensure the rights of all in safe mode. 

Ganesh Singh
Advocate, New Delhi
6842 Answers
16 Consultations

The joint development agreement to develop the land into plots will contain the distribution of the plots among the owners accordingly therefore ther cannot be any ambiguity in this regard, no person can initiate any law suit or any dispute in this regard because this registered agreement is a clear evidence of how this property was divided among the owners and all the owners have voluntarily signed accepting the same. 

T Kalaiselvan
Advocate, Vellore
88184 Answers
2382 Consultations

1. Since, the said property is already registered in the names of 4 kids, then none having right to interfere in other share of the property , if the partition has taken place.

- Each person should apply for mutation of their respective share 

2. No

- If individually registered in the respective names, then there is no question to claim over others property. 

Mohammed Shahzad
Advocate, Delhi
14964 Answers
227 Consultations

No if it’s equally split then no claim on others share

all siblings will have share in the same unless relinquished by the. Legally 

Prashant Nayak
Advocate, Mumbai
33212 Answers
218 Consultations

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