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How to divide property that is in my name and brother's name?


27-Feb-2023 (In Property Law)
I am having a joining plot with my mother and elder brother name also in that, we got same property from my dad who was died, in that plot my mother had sign registered hakka sod patra in my favor for her named portion only, but i didnot taken NOC from elder brother in hakka sod patra,but taken my little sister NOC who was married in 2008, can i able to claim for PR CARD for the portion of my mother only who already given in written by hakka sod patra in my favour?? and can it is valid?? means can my bother challenge it legally?
Answers (3)

Answer #1
760 votes
Dear Client,
You can remove your mothers name in the property card and your brother can not object to such mutation. Since the property is begotten after the death of your father, all the legal heirs have equal undivided share in the property, and any one can give such property to anyone less, to the exclusion of the others
Answer #2
582 votes
The property is divided in three parts among you your elder brother and your mother, and if your mother is giving her portion as a gift to you then what is the issue. Get herb gift deed registered in your favour and your bother can not claim in your mother's property if your
Mother is not willing to devise her share in two.
Answer #3
608 votes
Your brother cannot claim in the share given to you by your mother. You can put up ur name in the PR card. in place of your mother. you can submit the documents signed by your mother to the concerned department and get your name inserted in the PR card.

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