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amit ashar (project manager)     08 June 2012

Family settlement

hello,

my name is amit ashar and i am hindu by birth, my father died intestate just less than a year back, leaving behind my mother and my younger brother.

i would like to know what are the procedures for the division of the properties left behind my father between all the legal heirs like my mother, me and my younger brother ? we all stay in mumbai.

as of today i dont have any access or rights of any kind to enter into my fathers premises left after him as the same are in control of my mother and brother.

please suggest what should be the simplest mean for equally dividing the shares in the properties left behind by my father.

regards,

amit ashar

cell :- 7738527099



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

Simplest means is to sit together with your mother and brother and have a talk with them about the issue, Resolve the things amicably. If they are not ready then, involve some other relatives who can cut the ice. If all agree then prepare the partition deed as per the settlement.

If nothing works then, file a suit for partition.

amit ashar (project manager)     08 June 2012

Thanks adv archana for your comment, I tried all of that also I offered them the family settlement agreement by division of share in the properties equally in ratio but they I don't know want all of the time in this world ! Or instead of filing a suit, can I opt for the succession procedure ? I don't know how to go forth, advice. Regards

amit ashar (project manager)     08 June 2012

Yes their is no will left by my father and what is partition suit, I don't have any knowledge on that

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

By filing partition suit you demand your share in the property left by your father through court. Contact a local advocate with the details of the property and all the relevant documents you have. 

amit ashar (project manager)     08 June 2012

Instead adv archana, can I contact you for that if you are from mumbai and if you are interested in my case ?

amit ashar (project manager)     08 June 2012

I have prepared a family settlement agreement draft between our family and given to my mother, is that enough to settle between us or is that compulsory to file a succession certificate in the court ?

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