• Property partition between brothers after father's death

We are two brothers & two sisters. My father & mother had purchased property jointly in their name 30 years back. Now my father expired interstate without leaving any will, my mother is co-owner & she got her name in all the property documents. My sisters & mother wants to relinquish all the property rights . They want to give this all property to both brothers equally. Now when i asked my brother for voluntary partition he is not agreeing & he is giving me small piece of land only for house construction. All papers are in my mothers name as co owner with my fathers name. Due to this my sisters & mother are upset & they want some legal solution to partition this property equally among two brothers.
Asked 2 years ago in Property Law from Margao, Goa
Hello,
If the property was jointly owned by by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes.
Now your brother has no right .
If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate
If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property.
Advise your mom to make a decision and act accordingly.
The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The thing you can do is get a release deed from your sisters and mother in your share ie total their share in the same in cents out.so they can release you 1/3 of their share.even if your brother approaches court he can claim only 1/5 th share. If you need format of release deed will send you.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
A. Your brother is entitled to get 1/5 share in your father 50% share and Notional partition share also would be devolved between the family members as per the succession.

B. You have to get Release Deed form  your mother and sisters with respect to another 50% share of the your mother.

C. Your father share would be devolved automatically between all the family members as per the law of succession.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
simple solution to this problem is ask your mother to execute a release deed releasing her share in favour of both her sons equally, at the same time ask your sisters to execute a relinquishment deed in both your names relinquishing their rights absolutely in your favour, get all these documents registered in same sub-registrar's office on a single day.
No need to ask your brother for share in property at all.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
The legal heirs of your father are You 5 ie your mother brother 2 sisters  and you have share in your deceased fathers property. So if mother and 2 sister relinquish their share by registering release deed. You will get their share as yours in the same.you have to prepare a release deed if you need a format I will send you.if your brother claims you will have to give 1/5 of the share in the joint property. Keep it aside always.for more clarification  opt for consultation and call will explain if doubts any
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, ask you mother to gift the property to two sons equally and so also request your sisters to  execute  relinquishment deed in favour of your mother.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
You need to engage a lawyer locally  who will help you draw up relinquishment deeds in favour of your mother.
The deed needs to be registered and involves stamp duty and registration fee.
Once this is done to avoid any further complication ask your mom to equally divide the property between you brothers.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You, your mother, your brother and your sister are the legal heirs of your father's share of 50% of the total property,

2. Balance 50% is owned by your mother,

3. Your mother and sister can gift 50% of their shere of your father's share of the property to both the brothers by executing and registering two gift deeds,

4. After this, your mother can execute and register two Gift Deeds transferring 50% of her share of the entire property to each of you two brothers,

5. After this you can file a partition suit to devide and demarcate your 50% share of the entire property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) your mother is 50%owner of property . 

2) on your father demise your mother , 2 daughters , 2 sons are legal heirs of his 50%share . 

3) if your mother , 2 daughters dont want share in property they can execute relinquishment deed / gift deed in your and your brother favour . 

4) you can file partition suit against your brother to demarcate your share in property.
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
As your father died intestate, the property is inheritable as per law of succession.your two brothers and two sisters are entitled for equal shares in 50 percent share of your father.Your mother and sister can execute deed of relinquishment in favour  of you and your brother. The legal way is to file suit for partition after property is relinquished by mother and sisters.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hi,
 in margao it is the age old portuguese civil code and law is applicable and after the death of you father children get the equal right on the 50% of the father as the mother is an equal owner with the father.
As per portuguese civil law The children of deceased parents fall in the category  of what is known as mandatory heirs.  They cannot be disinherited whether male or female, save under extraordinary circumstances .
Here one brother cannot keep the property.
You can go ahead with a partition of the 50% of the share and the mother's share has to be legally relinquished to the children if she wishes so.
in your case your sisters can relinquish their right to both brothers and the same way mother can relinquish her right in the property too.The same thing can be done by filing a partition suit if the brother creates problem for peaceful division.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
I agreed with Mr. Ajay sethi's and Mr. K.K. Ganguly's reply
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Family settlement/arrangement would work fairer in this scenario otherwise if you go for partition in a court of law property would be divided equally to each heirs and that would be detrimental to your requirement since mother and sisters are already revealed their willingness of releasing their pre-existing rights in the property in favour of both of you and your brother. So, settle the issues amicably within family itself rather than dragging the matter any further.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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