Legal procedure for dividing property among siblings
25-Jan-2023 (In Property Law)
My dad passed last year, and noy my mother wants to divide all the proerty and watever savings etc among 3 kids (one son and 2 daughters), all are married and have their own kids. could you please advise how to do this legally , so that there wont be any issues in future. Thanks
Sir
You please first tell us that whether immoveable property is in the bar of your father or transferred in the name of your mother. There are no. Of modes for transferring property like declaration suit, will family settlement deed. Now which mode is suitable to you can be depend upon how you want to divide the moveable and immovable property . How you want to distribute shares. And also at present in whose name that property is. And whether any will is made by your father. So to discuss these things make one consultation with us.
You please first tell us that whether immoveable property is in the bar of your father or transferred in the name of your mother. There are no. Of modes for transferring property like declaration suit, will family settlement deed. Now which mode is suitable to you can be depend upon how you want to divide the moveable and immovable property . How you want to distribute shares. And also at present in whose name that property is. And whether any will is made by your father. So to discuss these things make one consultation with us.
Go in for a Family Settlement Deed. If the Division of family takes place by mutual consent it would be best and Family Settlement Deed shall suffice, however, if anybody doesn't agree than you'll have to file Partition Suit
Go for family settlement deeed
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The answer to your question is, you have to file a suit before the concerned court for the distribution of the portion of immovable and movable property between your mother and her children, or you can go for family settlement Deed both will work in your case, and for the savings and earnings of your father you have to file succession certificate application before the concerned court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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