Partition
ANNADA KRISHNAN
(Querist) 23 March 2014
This query is : Resolved
Dear Madam/Sir
Our family three sisters with child (married) and one elder son with one son (married) and me youngest son and married also.
My father & mother having common property in which they want to make partition among her children both sister and brothers
What is rule and share we have to follow as per law
Pl guide as he is elderly asking guidance thro me by your help sir/madam
Regards
V.PARABU
917305928777
Devajyoti Barman
(Expert) 23 March 2014
Both family deed of settlement and partition deed is good option. Choose either of the two options mentioned above.
R.V.RAO
(Expert) 23 March 2014
is the property referred in your query an ancestral property or self acquired property of your mother or father?
IF the property is ancestral property passing from 4 generations like great grand father to grand father to father to son , then all legal heirs( male and female) can claim an equal share being legal heirs asking for partitioning of the ancestral property/joint family/hindu coparcenary property at any time.
After such partition/distribution of the ancestral property,it becomes the self acquired property of each legal heir (male or female), when each legal heir can dispose of his share of property as he/she likes.if the property referred by you is ancestral,then all legal heirs (incl. legal heirs of predeceased heirs),can claim an equal share .they can deal with their share as they like but cannot deal with other legal heirs' shares in any way.
There is ,no diff./discrimination between male and female legal heirs. All are entitled to equal share.
But IF THE PROPERTY REFERRED BY YOU is self acquired of your father or mother they can transfer or gift or make a will of the properties as they like,during their life time to all their sons,daughters.
alternatively if the owner of a property does not leave a will and passes away(intestate),then all his class 1 legal heirs like his wife,sons,daughters ,mother get an equal share each in such intestate property.
if either during the life time or after the life time all parents want their properties to be shared by all their children equally.
Dr J C Vashista
(Expert) 24 March 2014
Very well advised by experts, I agree and appreciate.
However, a family settlement will be appropriate.
ajay sethi
(Expert) 24 March 2014
answer queries raised by Mr Rao .
Rajendra K Goyal
(Expert) 24 March 2014
well advised by the expert Devajyoti Barman ji.
Surrender K Singal
(Expert) 25 March 2014
Best for the parents would be to write a Will with everyone's concurrence and get it registered which can also be in the shape of memorandum of family settlement with all the members signing and getting it registered
T. Kalaiselvan, Advocate 
(Expert) 25 March 2014
A family settlement or an amicable partition with proper decision about the shares to each individual will be the best solution.
R.V.RAO
(Expert) 25 March 2014
agree with sri s.k.singal ji and sri kalaiselvan ji.
Biswanath Roy
(Expert) 26 March 2014
I ADVISE FOR A JOINT WILL OF FATHER AND MOTHER AND THE DEVOLVMENT WILL BE ACCORDING TO THEIR RESPECTIVE SHARES AFTER DEMISE OF FATHER AND MOTHER.
