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Last Updated On 16-Apr-2026
Property

Property - partition deed

The three brothers were the original owners. After the eldest brother passed away, his son inherited his share according to the laws of inheritance. After the middle brother passed away, his share was divided into four parts among his wife, son, and daughter according to the laws of inheritance. The youngest brother receives one-third of the paternal property. My question is: should the property be settled through an amicable partition deed (Apoush-Bonton Nama)?

( Birbhum, West Bengal )

15-Apr-2026

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Dear Client,

Yes, in your situation it is advisable to settle the property through an amicable partition deed , because after the deaths of the two brothers the ownership has already devolved legally among their respective heirs under succession laws, and now the property is in joint ownership between multiple co-sharers.

Executing a properly drafted and registered partition deed will clearly define each person’s share, prevent future disputes, and give all parties legal certainty and separate title over their portions, whereas keeping it informal or oral can lead to complications in sale, mutation, or future litigation, so a mutual settlement through a registered partition deed is the safest and most practical course.
Posted On 16-Apr-2026
Gourab Das Advocate Gourab Das
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