How to divide the property? How to divide the property?

2 years ago

Hi sir, we are six members in the family me my mother father my brother(elder) and his wife and their 5year old child, daily my brother and his wife tourchering my parents regarding lot of small small things in the house...so me and my parents l decided to move away from them by shifting to another house (get seperate) but my brother is threatening my parents that "I won't allow you three to leave this house (rented house) with out dividing the property by two divisions" but actually legally being parents alive two divisions are not possible my father proposed 3 division but my brother is behaving rude and saying I won't accept for 3 divisions, we have 3acers of land in the name of my father, first of all me my father and mother want to leave the house because of his tourcher but my brother wants the property documents on his name until he won't allow us get seperate (my brother is son of my father's first wife, I'm son of my father's second wife, my father's first wife expired when my brother is 5 or 6years old so my father has done second marriage) plase provided de me a leagal advice to get seperate from my brother. Property is ancestry but it is in my father's name.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may file a partition suit and thereafter enter into compromise with other siblings then court will pass a decree. Then appoint Court Commissioner to divide the property as per law.

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Abhimanyu Shandilya

Responded 2 years ago

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A.What you can do is that you can file a suit for partition of property in civil court and for that you can hire a good civil lawyer who can help you with filing the case. The alternate way is to have a partition deed drafted by a good civil lawyer then get it registered with the sub registrar.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Property division is a complicated process that needs a thorough grasp of both the land's qualities and the regulations that apply to you, which vary depending on your religion. It is recommended that you contact with a lawyer to ensure that a correct family tree is created to show the number of family members who will share the property. Then you and your brother may get down and decide on the amount of people to invite.
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Anik

Responded 2 years ago

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A.Hi,
The division of property is a complex matter and requires a proper understanding of the properties of the land and also the laws under which you fall which depend on your religion. It is advised to consult a lawyer to ensure that a proper family tree is made to depict the number of family members among who the property will be divided. Then you and your brother can sit and decide the number of shares each will get. It is a complicated process. Ensure that you get proper help.
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