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Younger brother sent notice to elder for division of family property
15-Aug-2023 (In Family Law)
2 brothers. Both living in separate houses bought by father. Younger living with mother (alive). Such separate living since more than 15 years. Younger now sent elder a notice demanding a share in the property. Fact- the value of both properties given to each by father is not equal. How do we settle this notice? Is there any legal provision to avoid the suit as this was verbally settled 15 years ago
Mother who is alive can register a giftdeed to both parties according to her will and wish legally and settle the dispute lawfully amicably outside the court itself rather then complicating the internal issues of family unnecessarily spending lacs of rupees and non refundable precious time in court proceedings.
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Adv. Seema Ravindra Kulkarni
Pune | 100+ Answers
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you may require to file partion suit. if both properties are ancestral then in both flat you both have 1/ 3 share including your nothers 1/3. U may settle it unanimously, court procedure will be lengthy. or you by consent may file civil suit for partion and get it done by consent decree. for avoiding dispute there are prelitgation centres in court also it may help you.
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Adv. Ganesh Arjun Ranadive
Pune | 50+ Answers
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