Property Dispute Property Dispute

3 months ago

Hi my husband is elder son and he has 1 brother and 5 sisters all are ok to have equal share mutually except his brother. His brother donot want to share the property with sisters.
How to proceed further on this. we are struggling to settle last 5 years with him as a mutual. My in-laws are passed my husband has made the family tree after my in laws death

Anik

Responded 3 months ago

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A.Dear Client,
Navigating a situation where family members are in disagreement over property division can be challenging. If your husband and his siblings, except his brother, are willing to have an equal share mutually, but his brother is resistant, open communication is essential. Firstly, attempt to have a family discussion where everyone can express their concerns and aspirations. If reaching an agreement proves difficult, consider involving a neutral third party, such as a mediator or a family counselor, to facilitate the conversation and explore possible compromises.
If a consensus cannot be achieved through mutual understanding, legal options may be explored. Your husband can consult with a lawyer to understand the legal rights and implications of property division. In many jurisdictions, there are laws governing the equal distribution of ancestral property among siblings. Initiating legal proceedings might be a last resort if all attempts at amicable resolution fail.
Given the complexity of family dynamics and legal matters, seeking professional advice can be crucial. An experienced family lawyer can guide you through the legal processes, ensuring that everyone's rights and concerns are addressed in a fair and lawful manner.
Thankyou
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In case of intestate succession, all the surviving legal heirs of the deceased owner are entitled to an equal share in the property left by the owner intestate (without any Will). To obtain an individual share in the said property, after obtaining a legal heir certificate from the concerned authority, any one or all legal heirs jointly can file a partition suit in the Civil Court having jurisdiction over the suit property and based on the decree of the partition suit, a deed of partition is made and registered with the registering authority and based on that registered deed of partition, all the legal heirs need to apply for mutation of their name in respect of their share in the property in the land records maintained by the land revenue authority concerned. Reached to an Advocate handling civil cases for guidance and steps to resolve the issue in right way.
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