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Procedure of partition of property


25-Jan-2023 (In Property Law)
Father expired in 2007, before  that he made gift deed for a property which v r living from past 40+ years on his 3 sons plus himself to reconstruct the old house by his 3 sons floor wise. Registration for this done for one son for ist floor & by god's grace eldest son constructed his share. Similarly after dad expiry 2nd son too done with his share of floor. As v got permission for only Ground + 2 stopped further. My query is b'coz of permission 3rd son says he was not given proper share in property. What is the solution. How can it b divided. 2. This was divided into 4 equal sq.yards by dad. One share on his name. Three for his sons. Now how to share this means Dad's share. We have a sister also. Does my father share to b divided again into 4. My query what does law says. Do v need to give our dads share or 1/4th of dad share., bcoz whatever presently constructed is of our money. Only land was divided into 4.
Answers (1)

Answer #1
822 votes
If the property was jointly owned by by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes.
Now your brother has no right .
If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate
If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property.
Advise your mom to make a decision and act accordingly.
The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.

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