Sucession certificate

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Hello,
My father passed away in 2000. he did not leave any will when he passed away.
we are three brothers, one sister and mother. i am the youngest son.

In 2001, My elder brother got the sucession certificate for my father's property in his name only.
we all brother and sisters gave NOC to our elder brother for sucession certificate in his name.
now i want to know what will we need to distribute our property equally between 3 brothers and sister.
do we need to create a Will? or do we need to rework on the sucession certificate to distribute the property.

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ajay sethi (Expert) 06 December 2011
your brother will have to execute a gift deed in your favour and that of your sister .

Querist : Anonymous (Querist) 06 December 2011
Thanks Ajay for prompt response.
So this Gift Deed will have to executed in High Court? and will this make us legal heir of the property
Can you explain the high court process or procedure for the same?

Thanks Again in Advance

V R SHROFF (Expert) 06 December 2011
Why not Family Arrangement, Releasing his right in favor of brothers and sisters being blood related?

ajay sethi (Expert) 06 December 2011
engage a lawyer for said purpose . he will prepare gift deed , have it duly stamped and registered.

Querist : Anonymous (Querist) 06 December 2011
Dear Shroff
Thanks for your response.
Can you explain what you mean by Family Arrangement? Is there a legal process for this arrangement.

Thanks

Devajyoti Barman (Expert) 06 December 2011
I think a deed of mutual partition would better take care of the situation.

Rajeev Kumar (Expert) 06 December 2011
I would like to go with Barman

Raj Kumar Makkad (Expert) 08 December 2011
When you all gave your NOC in favour of your brother then it means you all voluntarily released your shares in favour of your brother and now you cannot agitate for a single penny out of aforesaid property unless your brother voluntarily wants to give you some share therefrom.

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