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Agreement for Joint ownership

Querist : Anonymous (Querist) 24 May 2010 This query is : Resolved 
There are two brothers, both are major, their parents are expired. Elder brother his having occupation of a shop and he is the sole owner now. Their mother was sole owner of the shop before her death. The elder son now wants to give half portion of the shop to his younger brother. But he is only the sole owner as all the document belong to him only like shop license and light bill, ration card etc.
Can he make such an agreement in favour of his younger brother to give half of the shop but he is not willing to give documents. The shop is at Slum Area in Mumbai. The SRA ACT is going to be implemented within few months/years.
So what are the rights of the younger brother? Can he claim his partition? OR if the elder brother is ready to give him partition. Then which document must be prepared by the younger brother as their must not be any dispute in future and the interest of the younger brother be saved.
All experts guidance is required.
Thanking you!
Devajyoti Barman (Expert) 30 October 2010
If the younger brother gives the half share then no partition is required nor any other document. Make a hiba nama for that.


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