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Vikas Dharmendra (Consultant)     27 October 2009

Property Share Among Brother(Unsound Mind) and Sistes.

Dear Lawyes,

A person have three daughters(D1, D2, D3) and one son(S1) respectively. All daughter are elder than son and all are married. Father died without any will leaving his wife behind him and he was having ancestrla land as a property. S1 is unmarried and he delcared unsound by mind and he is not able to take care of property and he is not supposed to get marry in future also, and family is suspecting that anyone can do forgery with him and acquire his property as he has worthy property.

So all daughter also lookig their share in property, so that that can be devided equally among D1, D2, D3 and S1 and can be registerd in daughters name.

All three daughters have total of 7 childrens, D1 have 3 childrens(2 son and one daughter) and D2 have Two son, and D3 have 2 Son. 

Now my question is:

1) How these daughters will proceed to have theier name in property, property is in form of land in either way as s1 is ready for it or not ready for this(divide the property).

2)will this proprty is ancestral property for all the seven children of all daughters(D1,D2,D3), How this property will be devided in all 7 childrens.

3)Who is actual legal hier of the said prooerty after death of S1 and his mother.

4) how much effort is resquired to do that.

Please give actual solution of this problem.



Learning

 1 Replies

Khaleel Ahmed Mohammed (Advocate )     28 October 2009

Civil suit for partition may be filed to solve your propblem.


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