How can I distribute a joint property
30-May-2023 (In Property Law)
We three brothers, Joint Property is in mother name now, Our elder brother is absconded from house Due to his personal debts. Now we other brothers wanted to sale the house and take share separately can we bifurcate the property in 4-parts (3 brothers + 1-part for mother.?) 1/4 quarter share for each. legally it is acceptable.?
The Hindu succession act of 1956 (This Act may be called the Hindu Disposition of Property Act, 1916), gives the rights to distribute property by inheritance to the family members
In the scenario since the property is in the name of your mother, she can execute the same through a 'WILL' or a 'Gift Deed'
In the scenario since the property is in the name of your mother, she can execute the same through a 'WILL' or a 'Gift Deed'
The property has to made into 4parts. After divide if you want to sale, you can sale your share, but you have to give first preference to your brothers and if they are not ready you can sold to others.
Property is in the name of mother. So it is her absolute property and not a joint property as stated by you. She(your mother) can gift or donate her property to whomsoever she wants. So technically and legally she can gift the property to you. If she dies without any will or gift, the property will devolve on all her children(including your absconding brother).
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