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partition of two property among three brothers


18-Aug-2023 (In Property Law)
Hai sir/madam... i am from tamilnadu. we are three brothers of hindu family. i am the elder one. our property name is in my fathers name and he expired(my mother too expired). my father haven't made any written will for partition. but he verbally made. now my siblings refusing to accept my fathers will. what will happen if i fill suit in court. how will they divide our property ? as a elder brother, on which side court will allot my share ? our property is a narrow one in a congested area. our property details are 1.) 22ft * 66ft south facing 2.)22ft *120ft north facing those two properties are opposite to each other. For a elder brother which side the court will allocate my share. how much share will i get. my siblings refusing to give my share.
Answers (2)

Answer #1
713 votes
remedy is the partition get partition by mix and bones inventor property and you can get the share by cash if you want to divide by metes and bounds and then all the legal should have a mediation and compare conclusion how much share they can be divided

Answer #2
826 votes
In this case, this property is interstate succession property as per the Hindu succession act and you all make class - I legal heir and all have an equal share, sorry to say that your father's oral saying will not stand the test of the court of law. the only solution is to file the partition suit and you will get equal share in both the property and you to get the first part of the share in other words upper side. I have a vast practice in that area you can seek my assistance in your matter.

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