• Partition deed - two sisters-issues-brother wife /bank

Dear Sir 

1. Please share your legal points will get any problem from my brother wife 

Mother expired past 15 yrs back .
Father expired before 5 yrs .

3 Childrens 
1 no ...elder brother (drinking...etc ) +house wife +7 yrs old son 
2 no --elder sister 3rd marriage recently no issues . 
myself  -married before 1 yrs back -no issues but hubby with other girl .

Property details .. commercial Building space -- 1571 sq 
Ground floor 3 shops and 1 godown 
First floor   &  Second floor residence.
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We have done partition deed –father own earned  property as per WILL document between sisters  after  his death  and the details as follows 

Myself --First floor residence (doing saree business in home )and 1 shop in ground floor for rent .

Elder sister –second floor residence and 2 shops and 1 godown in ground floor.
 (1 shop is my father departmental store with godown facility which is taken cared by elder sister from small age also after his death .she is taking care and other (2no)  shop for rent.)

But this partition deed documents between sisters without knowledge of my brother and her wife .
As my elder brother has got settlement amount from father when is alive and the same is registered ., Also he is mentioned in WILL document about my elder brother  settlement .

Recently my elder brother has expired and  her wife asking to divide the property share in 3 parts .
if we fail  to do so..she will move on legal terms .

Please advise we will have more challenges from my brother wife !

Query advise : - Also we have missed UDS details in partition deed so we are not getting bank loan .

Bankers asking us to cancel and re-do the document 
or do family settlement  between sisters 
or settlement between husband and wife .so that UDS will be reflect the document .

Please advise how to correct this UDS in proper format with out any issues at later stage ..

Thank you
Asked 8 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) is is necessary to peruse your father will 

2) please clarify whether probate applied for father will 

3) any partition deed had to be signed by all 3 legal heirs 

4) in your case it is not signed by your brother 

5) on his demise his wife can claim her husband share in property unless father has by will bequeathed property only to daughters 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
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Hi 
As far as the share of your deceased elder brother is concerned, since your father has done a registered settlement with him, you need not worry about the claims of his wife on your father's will. 

it is natural and logical that your father has settled your brother's account when he was alive and then wrote a will in the name of remaining legal heirs.
On the UDS Part, you can go in for a rectification deed in the registered office . Rectification deed is nothing but correction of errors/mistakes in the original registered partition deed. that way your fears will be taken care of and for rectification deed, the stamp duty and registration charges are very minimal. (for new settlement deed, you have to spend on stamp duty and registration charges again, which is not required if you do a rectification deed).

Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1) do not sign any settlement deed as suggested by your sister 

2) any document executed by your sister would be challenged by your SIL in court 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
If the property that had been divided by the sisters was bequeathed to them only to the exclusion of their brother then the brother was not required to be a signatory to the partition deed. The widow and children of elder brother cannot claim succession to the property unless they can prove that inheritance accrued to the deceased in terms of the will executed by the testator.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Bankers asking us to cancel and re-do the document 
or do family settlement  between sisters 
or settlement between husband and wife .so that UDS will be reflect the document .

Please advise how to correct this UDS in proper format with out any issues at later stage ..

Though you sisters have partitioned the property between you both as per the bequest made in the Will, if the UDS is not mentioned in the partition deed, a rectification deed to this partition deed may be made and the UDS portion may be clearly demarcated so that the doubts about it to the bank or within yourselves at a later stage can be solved now itself and litigation if any in the future may be avoided.  
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
so my elder sister asking me to sign the settlement deed in register office .,so it is problem or
no issues on my share . 
Please guide me to solve this issue on safety measures as my hubby not with me after marriage life.

The proposed settlement deed in favor of your sister's husband in respect of the UDS of the property may not be advisable and is not on the sond footing.  Instead you can draft a rectification deed to the existing partition deed and get the UDS of the property properly mentioned, demarcated and registered so that the ambiguity may be cleared. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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file probate petition for execution of WILL. don't sign settlement deed. The proposed settlement deed in favor of your sister's husband for the UDS will have no probative force in law so you should ignore it. you will get absolute right in the property after execution of probate proceeding. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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