Hi, I have 1 question regarding our property. Their are 4 brothers having 4 properties on the name of their parents. After both parents expired, All the 4 brothers have a verbal meeting on the distribution of the property. The eldest brother distributed the property such that each brother got 1 property to his share. So now each brother have 1 property to his share, so they started to convert their share of property to their respective names. 1st the eldest brother started to convert his property to his name, all the three brothers provided their signature. 2nd the youngest brother started to convert his share of property to his name, remaining three brothers provided signature to him. 3rd the second eldest brother started to convert his share of property to his name, remaining three brothers provided signature to him. Now when the 3rd eldest brother i.e my father started to convert his share of property to his name, only the eldest brother is not providing signature to us remaining two brothers are ready to give the signature. The eldest brother is again asking share in my fathers property also. So kindly provide me the solution so that we can get our complete share of property, without giving any share to eldest brother, as he has already taken his property and my father has provided signature to him. also 1 more brother was their i.e the 5th brother which i did not mentioned above, as he died very early and his wife and daughter left from here and never came back form last 20 years. Neither did they take part in any distribution nor did they ask for any share. Nor do they want to take part in any property share. kindly provide the solution, through which we can get our property easily and complete. at rarest if the fifth brothers wife wants her share we are ready to give her, her shell of share from our property. but we don't want to provide any share to eldest brother as he already has taken his share and is cheating on us. Thankyou.
Well, amicable partition is most convenient way do cause physical division of proeprty.
When this is not possible like in your case then legal recourse remains only option.
So if your father getting difficulty to demarcate and transfer his name of his share then he has no option but to file partition suit.
Since such suit takes time my advice is to make mutual settlement of the dispute.
well settled that oral partition of property is a permissible mode of partition which can be adopted by any undivided Hindu family as has been held in Karpagathachi's case (supra) and S. Sai Reddy v. S. Narayana Reddy, (1991)13 S.C.C. .647. Similar view has been expressed by the Supreme Court in Bakhtawar Singh v. Gurdev Singh, (1996)9 S.C.C
2) you can rely upon evidence of your brothers prove oral partition
3) file suit and seek your share in property
1. If the parents died intestate then the property devolved through intestate succession equally on all the children. Since there is no consensus between the brothers on division of property the only remedy for your father is to file a suit for partition in the civil court to cull out his 1/5th share.
2. The share of 5th brother has further devolved on his widow and children. Unless they execute a relinquishment deed their share is intact.
1. Find out the where about of the wife of the deceased brother first.
2. Get her file a partition suit demanding her share of the property.
3. if she is not available, you can file a partition suit alleging tha the said oral partition is invalid since the deceased brother's wife has been deprived and that your father's signature has been provided on utmost good faith which has been betrayed by your eldest brother.
4. Engage a lawyer having expertise in this field.
So kindly provide me the solution so that we can get our complete share of property, without giving any share to eldest brother, as he has already taken his property and my father has provided signature to him.
Under this situation your father can issue legal notice to his elder brother to partition all the properties and allot him an equal share with separate possession.
If your father's elder brother is not willing to give his consent for your father's transfer of property then partition suit is the last resort.
