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How to prepare family settlement deed and divide father's property
21-Apr-2023 (In Family Law)
Actually my brother got a compassionate job after my dad's death, it happens last 18 years back. Now he want to share our property equally. Now iam asking out of our property 1/4 extra to me why because he taken my dad's job after his death. He is not accepting that. Please tell me is there any chance to get to extra share to me legally or otherwise is there any chance to defend his job legally. Thanking you sir.
Dear Client,
As per the information shared by you that there are three questions.
1. How to prepare family settlement deed and divide father's property ?
Ans: There is a provision for register a Family Partition Deed at Register Office. For this some documents are required . Those are , Father property details and Family Members's Certificate/ Legal heirs Certificate and the Registration Charges are 1% of the Property Value ( Market ) + miscellaneous expenses.
2. is there any chance to get to extra share to me legally ?
Ans: That is not possible if the other family members are not agreed/accepted. The property of your father should be shared equally to all your family members i.e., to your mother, sisters, and brothers.
3. is there any chance to defend his job legally.
Ans. That is also not possible because your father job was given to your brother 18 years back. At that time of giving your father job, your brother might have submitted a No-Objection certificate of the Legal Heirs which should be essential to allot the job of the deceased.
So, the above are the facts of your issue. Even then , you can fight for the justice in a civil court, if your brother was benefited more than you. But it is your burden to prove the same.
Thanks & Regards
As per the information shared by you that there are three questions.
1. How to prepare family settlement deed and divide father's property ?
Ans: There is a provision for register a Family Partition Deed at Register Office. For this some documents are required . Those are , Father property details and Family Members's Certificate/ Legal heirs Certificate and the Registration Charges are 1% of the Property Value ( Market ) + miscellaneous expenses.
2. is there any chance to get to extra share to me legally ?
Ans: That is not possible if the other family members are not agreed/accepted. The property of your father should be shared equally to all your family members i.e., to your mother, sisters, and brothers.
3. is there any chance to defend his job legally.
Ans. That is also not possible because your father job was given to your brother 18 years back. At that time of giving your father job, your brother might have submitted a No-Objection certificate of the Legal Heirs which should be essential to allot the job of the deceased.
So, the above are the facts of your issue. Even then , you can fight for the justice in a civil court, if your brother was benefited more than you. But it is your burden to prove the same.
Thanks & Regards
Helpful?
11+
11+
Adv. Romala Satyanarayana
Visakhapatnam | 25+ Answers
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HI,
You have not raised the objections from the past 18 years and now you want to dispute that is not possible as per law. Secondly it is between both of you that if you want to get extra then . As per law you both are entitle for equal share only.
You have not raised the objections from the past 18 years and now you want to dispute that is not possible as per law. Secondly it is between both of you that if you want to get extra then . As per law you both are entitle for equal share only.
Helpful?
12+
12+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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