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Pankaj Pathak (md)     01 July 2012

Ancestral property distribution

 

Dear Sir,

 

We are two brothers, Mother & father both died last year they left following property

 

  1. An agriculture land around 7 acre at Narsinghpur District purchased by mother in her name.
  2. An Agriculture land around 5 acre at Jabalpur District, which is an ancestral property in my father name which he got from his parents.

 

Now we brother wants to partition both property in our own names .Since value of both property almost equal so we mutually decided that first property will give whole to my brother while second one will come to my name & we both agree to make partita ion deed accordingly

 

But since first property was self acquired property by mother in her name while second property is an ancestral property in name of father which he got from his parents. My question is that –

 

Can my brother give me his right to transfer  whole ancestral property in my name in  exchange of first property whole in his own name  if yes then what will be the legal way and procedure to make partition deed .  



Learning

 1 Replies

MohammedRaffiq Bijapur (Advocate)     01 July 2012

One thing is clear that you both are inheriting both the properties by succession. no doubt that the nature of both the properties are different but you both have same right and interest in both the properties. so there is impediment or legal bar in making patition deed as you per your wish.


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