Land distribution among Brothers
2 years ago
I am from West Bengal. We have a Land; named under my late mother. Four out of Six brothers want to construct house in that Land. What is the process to exclude non-interested brothers(2) to exclude from property? Can that Land be divided 4 parts, section each brother so that lately if any brother want to move/sell his part, he can do it independently. Is there any complicaiton you see involve in doing this partition?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After the death of your mother without making and publishing Will, her property has been devolved upon her six sons( and daughters ,if any) so until and unless through registered Deed of Gift those two brothers gifted their undivided share to those four brothers,those two brothers cannot be excluded from the property.
In case of registered Deed of Partition, the property should be divided amongst six sons( and daughters ,if any) .
In case of registered Deed of Partition, the property should be divided amongst six sons( and daughters ,if any) .
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
All of you have equal rights in the said property if your mother had died intetsate. You can make an agreement among yourself and proceed accordingly to avoid unnecessary litigation in the future.
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All of you have equal rights in the said property if your mother had died intetsate. You can make an agreement among yourself and proceed accordingly to avoid unnecessary litigation in the future.
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A.Hi,
Each one of you holds equal rights and having an equal share in the property if your mother had died intestate. However, if you want to construct a house on the said land, everyone has to give their consent.
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Each one of you holds equal rights and having an equal share in the property if your mother had died intestate. However, if you want to construct a house on the said land, everyone has to give their consent.
Please rate my answer
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