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Father died interstate wants to do division of the property
19-Jan-2023 (In Property Law)
Unfortunately my father died 2 years back and we are 4 brothers. There is no will and we have property and logically divided among ourselves but there is no documentation done. As one of my elder brother is not signing any settlement document. So,My question is what should we do to legalize this and transfer property to respective brothers. My mother is alive but she is not also having any papers on her name to make decision. Let us know what should we do to resolve any conflict in future if one of us is not agreeing for settlement
After the death of your father all the property in the name of your father shall be divided equally to all the sons and wife. If all the members are ready to divide the property then you can simply go for family settlement and registered the same before the court and if all the members are not giving consent or interfering then you can file a suit for partition claiming your share.
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All of the agreed person / legal heirs may file suit for Partition thereby mentioning about the private division against the brother who is not signing the settlement deed and if he still makes objections , lead oral evidence to prove private partition
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Adv. Monish Chopra
Jammu | 25+ Answers
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Firstly you should try for mutual settlement. If it may not possible then you have to file a suit for partition before the Registrar or Civil Judge or Sub-Judge/Munsiff if property is situated within Municipality. in case the property is outside municipality then before SDM/Tehsildar and pray for division of property according to respective shares of equal value. Property will divided among all legal heirs including sons, daughters & wife of the deceased. If Daughters did not wanted their share then it will be divided accordingly. I hope you will get your answer.
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Adv. Ajat Shatru Sharma
Kathua | 25+ Answers
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