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Partition as per family agreement
2 years ago
Hi sir..our property was partioned for me and brother on 1991. Infront of our family members. That was written on one 10rs bond and both are sign on it. But one of the land in my share was registered on my mother name. But patta was on my name. But my brother ask share on that land. What we can do for tha
A.Dear Sir,
Take release deed from your mother in respect of that property. Possession is 9 points in law. Let your brother go to Civil Court for claiming his shares. Oral and unregistered partitions also valid since both of you enjoying the properties and thus admitted partition.
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Take release deed from your mother in respect of that property. Possession is 9 points in law. Let your brother go to Civil Court for claiming his shares. Oral and unregistered partitions also valid since both of you enjoying the properties and thus admitted partition.
PLEASE GIVE ME RATING AS RANK 5
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A.Dear Sir/ Madam,
To avoid any discrepancies you should approach a legal representative as without referring to the concerned documents it is difficult to ascertain the nature of the property. However, as you mentioned the patta is in your name your brother cannot ask for any share on that land unless you approve of it.
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To avoid any discrepancies you should approach a legal representative as without referring to the concerned documents it is difficult to ascertain the nature of the property. However, as you mentioned the patta is in your name your brother cannot ask for any share on that land unless you approve of it.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
Sir since the property of nature cannot be understood through the question we advise you to approach a legal representative to avoid any vague steps. However, if the Patta is in your name as you mention then your brother cannot ask for a share on that land. In case a suit is filed you can surely prove your ownership through the documents that favour you.
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Sir since the property of nature cannot be understood through the question we advise you to approach a legal representative to avoid any vague steps. However, if the Patta is in your name as you mention then your brother cannot ask for a share on that land. In case a suit is filed you can surely prove your ownership through the documents that favour you.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Unregistered Partition Deed has no legal validity so the partition as alleged in between you and your brother has no legal base more particularly when the registered Owner of one part of that land was your mother's name who was not involved in that family arrangement so patta record in your name has no legal base.
You have not specified whether your mother is alive or not . If your mother is alive then it is necessary to execute registered Partition Deed in between you and your brother keeping your mother's property separated.
If your mother is not alive and if you and your brother are her only legal heirs then in absence of Will,both of you inherited the property of your mother in equal share so it becomes necessary to execute registered Partition Deed in between you and your brother including your mother's property therein.
If you brother is not agreed for amicable partition,then you have the liberty to give him legal notice for amicable partition in registered manner and in default you can file Partition Suit before the Court of Law having the territorial jurisdiction (in respect of those properties or any part of those properties) for Partition, Declaration of respective share and injunction/ Status quo for not to change the nature and character of the entire property possessed by you,your brother and your mother.
You have not specified whether your mother is alive or not . If your mother is alive then it is necessary to execute registered Partition Deed in between you and your brother keeping your mother's property separated.
If your mother is not alive and if you and your brother are her only legal heirs then in absence of Will,both of you inherited the property of your mother in equal share so it becomes necessary to execute registered Partition Deed in between you and your brother including your mother's property therein.
If you brother is not agreed for amicable partition,then you have the liberty to give him legal notice for amicable partition in registered manner and in default you can file Partition Suit before the Court of Law having the territorial jurisdiction (in respect of those properties or any part of those properties) for Partition, Declaration of respective share and injunction/ Status quo for not to change the nature and character of the entire property possessed by you,your brother and your mother.
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