Threating
sagar Rao
(Querist) 07 May 2011
This query is : Resolved
Dear Expert,
We are having 400 square yard house and my mother had divided the house in three equal parts among we three brothers and i am the Seconal son to my mother and my mother lives with me, my father had expired in 2004.
Now my brothers wants partition deed so that they can sell and go away from the house, they never takes responsibility of taking care of my mother.
Daily now their are threating me to sign the partition papers are else their were going to occupy my portion also, thing is i dont like to sign the papers because i love my house and it was built by my father and my self with lot of pain, all family members can live comfortably.
My mother is in dilemma and not able to tell any think to them, and her health is spoiling day by day due to tensions of the house.
So please inform me how to stop my brothers
attitude of threating me and to stop occupying my portion.
R.Ramachandran
(Expert) 07 May 2011
When you say that your mother had divided the house in three equal parts - do you mean to say that there was any family arrangement or regular partition deed.
Since you say that your brothers want partition deed, I presume that it was only orally told by your mother that the property will go in three equal shares between her three sons.
Please also indicate whether you have any sisters.
Since your father appears to have died without leaving any WILL, the property will go by way of inheritance amongst all the legal heirs. All the legal heirs will get equal share. The legal heirs are your mother, three son(s) and daughter(s) if any.
If you do not have any sister(s), then the property has to be divided equally between 4 of you (not three). Your mother will also be entitled to one equal share.
Therefore, if you and your mother are together, you will get 1/2 of the total property, while your two brothers would get 1/4th each (total 1/2 share for them.)
If you are so much attached to the property, then you have to value the same and should be ready to give the value for the 1/2 share of your brothers, so that you can get their share also in your favour.
In any case, you have to convince your mother to give her share (relinquish her share through registered relinquishment deed) in your favour now itself. Ofcourse, after the partition is done between all the four of you. (This you need not tell your brothers now.). Otherwise, after her life, the said property has to be equally divided between three of you. You can avoid this, if she gives her share to you.
YOU CANNOT AVOID THE DEMAND OF YOUR BROTHER(S) FOR PARTITION.
sagar Rao
(Querist) 07 May 2011
Dear Sir,
It was an family arrangement and we dont have any sisters and i thick if they want partition of the house in their favor let them get form court of law, Why their are putting lot of pressure on me and my mother to sign the documents, threatening to occupy some of my portion.
In these accept what one has to do to overcome/face these kind of problem, Please inform.
Guest
(Expert) 08 May 2011
The solution provided by Mr. Ramachandran is quite wise and readily acceptable in terms of law. But, if you want a legal suit, then there was no use in putting your problem here for asking the opinion of experts. You can give that proposal directly to your brothers. Nobody can restrain you.
But, be ready to spend a lot of money and precious time in legal process along with mental tension for all the family members, including your mother whom you consider already losing health due to this issue.
Wish you all the best.
