439+ Lawyers are online 
Property distribution between two brothers
01-Sep-2023 (In Family Law)
My father has a house and a residential site. He wants my elder brother to own the house and me to own the site after his demise for which we both agree as both have equal value in market. But my father has fixed deposits in bank, provident fund, and jewelry of my mother after her demise. My father initially asked me to write a relinquishment letter stating i dont own any rights on the house and my brother has all rights which i agreed. But father sends me a relinquishment letter(as if written by me) to sign which says not only the house but all the money has to go to my brother.
As far as your mother's property is concerned in that you have a equal share and as far as your father's self acquired property is concerned he is free to give it to anyone and you can file a suit for partition and also take an injunction order not to release the said fixed deposits, provident fund and other movable property and see that you get you legally entitled property.
Helpful?
47+
47+
Adv. Bharat Narasgouda
Belgaum | 500+ Answers
Chat
I am not sure how to answer this query as your legal issue is not forthcoming. However with the facts that you have provided, this is my limited advice. With regard to the house and site, if you are asked to give a relinquishment letter for the house; then it would be prudent to ask your brother for a relinquishment letter for the site. The ideal way to go about this would be to execute Gift Deed from your father to yourself and your brother - 2 separate deeds so that there will no confusion after his demise. Sometimes Wills also can create problems.
Helpful?
36+
36+
Since the money and the jewellery belong to him he has every right to deal with it the way he wants. Probably you can sit across with your family and decide and settle the matter amicably.
I suggest to avoid litigation, but if not satisfied, you may consult an Advocate for further queries.
I suggest to avoid litigation, but if not satisfied, you may consult an Advocate for further queries.
Helpful?
25+
25+
where property is held jointly by two persons and one of them wants his share but the other is not willing to give share in property a case for partition of property must be filed in a civil court.
should you have any queries feel free to contact me
should you have any queries feel free to contact me
Helpful?
38+
38+
Adv. Kunal Seth
Delhi | 500+ Answers
CONTACT NOW
you can give him a legal notice .If agrees to give ur share then it's fine otherwise one can proceed for further proceedings in the court of Law which doesn't always means long lengthy process it can be amicably settled at any time .
Helpful?
36+
36+
Adv. Anita Sharoha
Delhi | 25+ Answers
CONTACT NOW
You need to get a legal notice for partition by metes and bound issued to your uncle and seek partition failing which a Suit for Partition be filed before the concerned Civil Court for seeking directions for partition
Helpful?
33+
33+
Adv. Anubhav Kathuria
Delhi | 500+ Answers
Chat
1. we will have to see since when he is enjoying the possession.
2. when did you demand the possession.
3. when he agrees that you are the owners you will need to file for recovery of property and take the possession before 12 years of limitation period.
feel free to contact me for further enquiry and help. we can and must proceed with the suit if in time. and if not we will have to see other remedies which are available on your facts and circumstances.
2. when did you demand the possession.
3. when he agrees that you are the owners you will need to file for recovery of property and take the possession before 12 years of limitation period.
feel free to contact me for further enquiry and help. we can and must proceed with the suit if in time. and if not we will have to see other remedies which are available on your facts and circumstances.
Helpful?
29+
29+
Adv. Maaz Akhtar
Delhi | 100+ Answers
Chat
You need to hire the expert advocate in this case. First a demand notice needs to to sent via your advocate and thenceforth suit for possession, partition and damages needs to be filed at the correct jurisdiction with correct court fee. Kindly b in touch
Thanks
Thanks
Helpful?
50+
50+
Adv. D. Khan
Delhi | 500+ Answers
Chat
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
