Dear Experts
We are 5 brothers and sisters( three brothers and two sisters). My father died more than 30 years back and mother died 5 years back.
There was a plot (land) purchased by my father in name of 2 of my brothers who were not employed but adults at that time (40 years back). Since my father and eldest brother were gove employed they did not want to purchase land in their name so they bought in name of two brothers who were above 18 years but not employed. Sisters were minor at that time.
The land was initially looked by my father but after his death one of my brother who is one of the joint title holder of the land costructed house on it and paid till date all dues like municipal taxes extra totalling up to appx 15 lakh.
Till last five years back my mother was living in it as she did not live with any of the children. She wanted that the house and unconstructed land should be sold and should be divided between all children and her equally however she wanted to do it in her life time. She wanted to have six shares to be done of that property and if it does not happen during her lifetime, the division should be happened in six shares however the sixth share should be given to the brother who has spent in constructing and maintaining.
Now the sale will happen and the proceed will come in two brothers name. Till now both the brothers whose names are in property do not object to divide in all brothers and sisters name however the one brother who has not spent anything yet except for going and checking the land at times is creating objection and saying that the division should be in 5 shares not six which is injustice to the one brother who has spent lakhs.
We both sister and one brother agree to create a mutual agreement first before selling the land, where we will mutually agree that it is parental property and it should be divided in six shares.
So first the mutual agreement legally done and then it should be sold that is our intention,
CAN ANY EXPERT GUIDE WHAT WE SHOULD LEGALLY TO HAVE IT DONE WITHOUT ANY HASSLE.
Kindly if possible, please share with me the mutual agreement format.
Regards
SanRuby