Agreeing to take equal share of parental property Agreeing to take equal share of parental property

2 years ago

Can brothers make an agreement (notaryor something) agreeing on devide properties equally inherited by parents even if parents devide the property unequally ? So that no matter how parents devide in future , brothers will be bound to take equal share based on the agreement made by brothers. For example if parents give larger share to one brother , using this agreement (on which both brothers have been agreed) another brother can claim his portion.

Anik

Responded 2 years ago

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A.Dear Client ,

The thing you can do is get a release deed from your brothers and father in your share ie total their share in the same in cents out.so they can release you the portion of their share. even if your brother approaches court he can claim only the agreed share
Thank you
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.For division of property, it is necessary to execute and register Partition Deed. If the parents through registered Partition Deed divided the property amongst the children , then that registered Partition Deed has binding impact upon the children if that had been done with their written consent.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.Nothing can be done till such Property comes to your name. If you still want may be you can execute a Mutua settlement agreement or a Affidavit from both brothers in stamp paper of Rs 500/- and get the same Notarised but practically it's illogical till you both don't own the properties. Only after your parents transfer the properties in either of your names you can do gift deed in respect of such excess portion to be transferred to the other sibling to make it equal. Thank you.

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