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Q. Property Dispute

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posted 6 months ago

Q.Property Dispute
Dear Sir/Madam, We are three brother and live in a house purchase by father in the name of our mother, and divided one floor to each brother. And one brother also got the job of his father and still working in that company. We also have 5 sister who all are married. And Mother still alive and live with one of us in that same house. Internal issue become so dangerous that we decided to sell out this property and want to distribute the share to each of the child ( 3 brother and 5 sister). We want to know the procedure and also want to know if one brother got our father's job what is the property rights to that brother. What agreement between the child we have to make.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You cannot deny any portion of share to your brother who got your father's job. Family settlement may be arrived if you assemble a family discussion by inviting elders.

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Experience: 3 Year(s)

Responded 6 months ago

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A. ) In case where there is no will of the deceased, the legal heirs of the deceased must file an affidavit petitioning their claim to the property. The petition is to be made to the District Judge or in High Court. It needs to be signed and verified by the applicant. It must include the following details:

A copy of the death certificate has to be produced,
The time of death must be mentioned on the death certificate,
The ordinary residence of the deceased before death. Or if no such address is available, then the details of his property that falls within the jurisdiction where the petition has been filed,
Address, Name & other details of the legal heir, family or other near relatives, as per the Act,
NOC or No Objection Certificate (from legal heirs other than the petitioner)
Any legal heir who wishes to relinquish his right to the estate, he must declare so in an affidavit.
Name, Address, and occupation of the petitioners,
Copies of their Ration Cards or Passports,
The right of the petitioner has to be mentioned,
The debts and securities for which the certificate is being applied for,
A declaration to be made for the absence of any reason to invalidate the grant of the certificate.

I'm case of will the will is operative.

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