Distribution of property

shilpigarg (Querist) 01 March 2015 This query is : Resolved
We have a property in varanasi. Khatauni has been done in the name of my mother-in-law and her three sons. My mother-in-law has sold off her part leaving some of it. Now she has died. Before her death, my eldest brother-in-law has made her forcibly write her left part transferred to his name. Now we want the property to be equally distributed in three parts. Please suggest what we can do for the same in legal matter as you can see that the eldest one is quite cunning and the second one is no more. Pls help.

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Advocate Kappil Cchandna (Expert) 01 March 2015
Dear,

Please call and discuss the question is not clear to me .....

Kapil Chandna Adv 9899011450

Guest (Expert) 01 March 2015
File a petition in the court of law, if you or your husband has any proof against your brother-in-law to have got the transfer of property forcibly in his name.

R.K Nanda (Expert) 01 March 2015
state facts clearly.

Rajendra K Goyal (Expert) 01 March 2015
Facts not clear. How forcibly written whether will, gift or sale and registered or unregistered?

shilpigarg (Querist) 01 March 2015
Actually my mother-in-law was bed ridden for many years. So she bound on them for her daily activities. But thats not our concern. We just want that the rest of the property should be equally divided among the 3 brothers. Is there any way possible so that any legal person can equally distribute the remaining property among the reat heirs? Pls help we dont want to go for any legal action against what he has done and taken mother-in-law's part. We dont need it. All we need is our right on property.

Akhil Dave (Expert) 02 March 2015
The law relating to partition of property share between legal hairs [irrelevant to their gender] is well settle.

Recently, The Mumbai HC also well commented on the same.

You need to initiate civil suit for the same. But, do consult lawyer further for detailed advise.

T. Kalaiselvan, Advocate (Expert) 04 March 2015
better consult a local lawyer, discuss all the issues in detail and proceed further on his advise.

Devajyoti Barman (Expert) 06 March 2015
Ask your MIL to divide the property among the heirs she wishes.
It would settle all dispute at rest.

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