• Divide property without brother (with absence)

My father expired in 2014 all his self owned  and ancestral  property transferred  to my mother after his death,  I have two sisters and 1 brother I'm  last son  of my parents  , my sisters and mother  agreed to release their  rights to  me but my brother is not agreed to divide property as he gets 1/5 share , I need to divide property  with out his concern and  without informing him. 

Is there any procedure to  divide a property legally, without any problems in future.
Asked 3 months ago in Property Law from Tumkur, Karnataka
Religion: Hindu
if brother is not agreeable for amicable division of property file suit for partition for division of property by metes and bounds 

2) your 2 sisters and mother can gift their one fifth share in property to you 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1. How did his property transfer to his widow after his demise? If he died intestate i.e without a will then all his properties devolved through succession on his legal heirs i.e widow and children equally.

2. Since your mother and sisters are ready to release their share to you then may do so be executing a release deed in your favour. Thereafter, you will have to file a suit for partition to cull out your separate share in the property as your brother is not willing to divide the property. He will have to be made a party to the partition suit whereupon the court will issue summons to him. 
Ashish Davessar
Advocate, Jaipur
19201 Answers
484 Consultations
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1. Do not worry you can proceed with the plan even in absence of your brother.
2. The other siblings can transfer their1/5th share in your favor making you the majority share holder.
3. On that basis you can enjoy your majority share holding.
4. If your brother objects then file suit for partition to claim your due share from court of law.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
Your father's property shall devolve equally among all his legal heirs.

If your mother and two sisters would like to give away their share to you then they may execute a registered release deed relinquishing their rights in yor favor.

Based on this you shall be entitled to 4/5th share in the property. 

Your brother if not agreeing to an amicable partition you may file a partition suit against him and seek your respective shares and separate possession of the same.
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
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1) partition suits take 15 years to be disposed of 

2) after  obtaining release deed you are at liberty to sell your share in the property 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1.Partition suit takes time around 4-6 years.
Alternative remedy is to make an amicable deed of  partition between the co sharers.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0

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