How can I divide my parents property and claim my share

689 votes

Taking into consideration the above facts. Since your father is no more and if he has not prepared a "will" for the distribution of property. In such a case you both brothers have equal share in the property provided you both do the mutation entries on the property cards of the property with the registrar.

In the above case once the mutation entries are done you both can either divide the property amounts your selves or sell it to some one else.
However if you want to sell it to some third party . At the moment you both do not have any legal rights to sell the property to any third party.

Best Regards
Adv Harshad Rathod

Advocate Harshad Rathod LawRato

854 votes

You need to file suit for declaration and possession of property in local court. As court can declare you share in the whole property and give you possession in your custody.
would you please answer
Whether the property is ancestral or self acquired?
Why your brother is not ready to share that property with you?
Have your father or brother made any will or gift of that property?

Advocate Bharat Pandirao Pawar LawRato