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Property dispute with brother


23-Feb-2023 (In Property Law)
We are 3 brothers. Our parents jointly own a property. My father died without any will. My mother is the co-owner of the property and has all the documents on her name. She wants to divide the property equally amongst all the brothers. The eldest brother is not ready and wants to keep the larger share. Please give me a legal solution to divide this property equally amongst all the brothers.
Answers (3)

Answer #1
407 votes

If the property was jointly owned by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes. Now your brother has no right.

If your brother approaches the court he will get only 1/4th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate. If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/4 of the 50% of the whole property. Advise your mom to make a decision and act accordingly.

The options are she can gift her part of the 50% equally between the two of you after getting NOC from your sister and divide the rest equally as well.

Answer #2
695 votes
Dear Client,
Information is not clear. Who sold 18 acres of agriculture land with the help of your father. If it is ancestral property you will claim the same at any time during your life time. As per your information you were give 17 acres and who are your other family members if any male or female ancestors if so sepcify.
Answer #3
608 votes
sir,
first of all tell me on whose name agriculture property is there, if it is of your father's self acquired property then your father can sell, and you have stated that 17 acres of land is given by your father to you, how he gave you, did he gifted you, if so, is it a registered gift.

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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