Patition of assets among siblings
praveen kumaR
(Querist) 14 July 2017
This query is : Resolved
sir we are 4 brothers and five years back my father and mother were expired , my father earned two houses of 122 sq yrds and 98 sqyrds in their life time, now we want to distribute the above said properties equally, so is it comes under gift deed or partition deed, if one of my brother dont want to take property and equally he asked to give the amount equal to his share . if i want to take that share from him how can i proceed
thanking you
Kumar Doab
(Expert) 14 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 14 July 2017
Apparently:It is simple matter of inheritance (Intestate Succession)……..and neither father nor mother has left any valid WILL.
Death certificate, legal heir certificate/ affidavit are basic requirements.
The property shall equally devolve upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters….
Visit website/office of authority, under whose jurisdiction property falls e.g; MC.
In majority of the states the process has been digitalized and monitored. It is also under purview of RTI.
Approach O/o Authority & submit under proper acknowledgment.
Thereafter obtain updated mutation records say; fard/Virasat ka intkaal, showing ownership by inheritance.
Kumar Doab
(Expert) 14 July 2017
In case of Hindu female the 1st right is of her husband and her sons anddaughters…..
The property that devolves by inheritance is of nature self acquired and the owner can dispose in his/her life time by a valid deed.
Thus anyone can sell/gift/relinquish//settle etc etc by a valid deed………………….
praveen kumaR
(Querist) 14 July 2017
ya ours hindu family only.
is it comes under gift deed or partition deed
Kumar Doab
(Expert) 14 July 2017
Is there any dispute amongst the legal heirs?
Your query does not suggest it.
Kumar Doab
(Expert) 14 July 2017
You can buy your brother's share.
Gift is without consideration.
P. Venu
(Expert) 15 July 2017
A settlement could be worked out among the legalheirs and got duly registered.
