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Partition of property

(Querist) 22 April 2013 This query is : Resolved 
respected sir,

my father and myself only earn the whole property.i am not educated because of financial problems,my brother is educated.all properties are named with my father only.
my father died in 2002 with will.we are 2 brothers and 2 sisters.i am elder brother in will myself and my brother having rights to share the property equally but my mother is only guardian for property ,she don't have to right to sale or gift the property to others my sisters get married and have no rights on property .these all mention in my father's will.but my mother and brother did not agree to share the property till now.i want to send notices to my mother and my brother to partition of property. so ,pls give me some advice about this problem. in which formate the notice will send to my mother and my brother through advocate.
Shashikant V. Patil (Expert) 22 April 2013
First if you want your share, then have a meeting with your mother and brother, and ask them for partition verbally. If they are not agreeing then file a suit for partition in the Civil Court.
sanjeev murthy desai (Expert) 22 April 2013
I agree with Mr. Shashikant and notice is not required to file partition suit. You can approach directly to the Jurisdictional court.



R.K Nanda (Expert) 22 April 2013
first send legal notice for partition.

no fixed format for it.
Raj Kumar Makkad (Expert) 23 April 2013
It shall be better to engage a local lawyer in this matter who shall not only send the notice on your behalf but shall also proceed for further partition of the property as per will.


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