Procedure for partition of deceased person's property without any will

765 votes

Each member of the family including mother and both daughters and both sons have 1/5 share of the property of the deceased father or husband, The sisters will have to relinquish their 1/5 share each in favor of the brother, by way of a sale deed or relinquishment deed or gift deed, as the case may be, depending on the Stamp Duty Applicable in the concerned State, the deed which has a lower stamp duty should be preferred, after the transfer by the sisters to one of the brothers the share of the property would be 1/5 of the mother 1/5 of one brother and 3/5 for the other brother, then the property is to be mutated in the revenue records by filing a case for mutation, if it is lease hold property the mutation is also required to be done in the records of the development authority and or society. If there are disputes then the brothers can seek partition of the property, from the Civil Courts and if the mutual understanding is good then a family settlement can also be documented, feel free to contact for further assistance.

Advocate Shantanoo Saxena LawRato

628 votes

You should get mutated property from revenue department or other applicable competent authority such as Municipal Corporation etc. with equal share of property with submitted NOC affidavit of sisters with given share of one brother (brother will take extra share of sisters), Mutation order will be treat as document of owners of your property.

Advocate Rajendra Prasad Tripathi LawRato

555 votes

Share of the daughters depends upon the date of the death of the father, if he died before the year 2005 without Will in that condition daughter has no right in the property but if father died after 2005 then daughter has right in the property and if you have ni objection to share the property with the daughters then you can execute the partition deed to divide the property in share of each person. You will have to registered it before the registrar by paying the proper stamp duty for legal effect and to avoid the future's problems.

I hope this advice will help you to understand and face the problem.

Advocate Rohit Jagwani LawRato