How to divide property equally amongst brothers who are greedy?


We don't have the registry of the house but we have the allotment letter. Me & my mother don't want any share but want to distribute it equally among my two brothers. 

 

My younger brother doesn't want my elder brother to have any share and says that he will not sign the papers for distribution of property. 

 

Is there a way that this matter can be settled? Can court force my younger brother to sign the papers? Or what me and my mother can do legally? Can the house be now registered in my mother's name without needing the signatures of my brother?

 

Answer

 

First of all, we will have to examine how you bought the property. You will first have to register the property in your mother's name and then she can distribute the property to whoever she desires.

 

For registry, you will have to pay the stamp duty on the sale deed or the General Power of Attorney and get the same registered  before the sub registrar.

 

Once the property is registered in your mother's name, then she can transfer the same by way of Will to your brother. You can execute a relinquish deed in favor of your two brother's and get the same registered before sub magistrate.

 

No, the court cannot force the younger brother to sign the paper, you will have to follow the above mentioned steps.

 


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