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How can property be divide among brothers mutually


21-Dec-2023 (In Property Law)
My grandfather have some ancestral property at village like land, a house and one flat at mumbai. they died 20 years back and they didn't prepare any will. they have two children one is My father and one brother. now both the brother want to separate the property mutually. means one will get a flat which is at mumbai and remaining property to other which is at village. what will be the legal procedure to separate the property and avoid any disputes in future. is there any need to do sell deed to avoid any disputes in future. Please guide
Answers (3)

Answer #1
560 votes
Dear Sir/Madam,
If you are a Hindu you will have to obtain letter of Administration of the Estate from the District Court concerned , thereafter both the brother can enter into a mutual family settlement as to division of property. For further assistance, kindly get in touch.

Answer #2
908 votes
you need to do partition deed or sale deed among the brothers. As there is no any will then property will be divided equally among both the brothers. For more detail revert back to me. Regards. Best wishes.
Answer #3
769 votes
No need of sale deed it will be more expensive, instead you can make a partition deed executed as both the parties either your father and his brother both are mutually agreed about their share and they do not have any dispute with regards to partition. There will be no further issues in future. But please see as to in who's name the property is in present your father's name it uncles name.

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