Dear Sirs
I am from a Hindu ,Nair family hails from Kerala .
I have 1 sister, and two bothers and all are working in india and Abroad . Am currently working in Chennai .
We have 2 acres of land and around 5 acres of paddy filed in Kerala and some of the property in the name of my father and some in mother`s name .in 2014 April my parents have done a partition to my younger brother and sister , without discussing my other brother and me and they have registered in thier names and constructed houses also . My mother is currently staying with my sister in the same place and understanding with them ( my brother and sister who got the shares )with my parents was the remaining propreties will be divided between me and the other brother .
we were unaware of such transactions , but came to know after two months . Uunfortunately my father passed away in Sept 14 and we didnt want to make an issue and waited for my fathers ceremony to complete .However , there is talk going on and one of my brother ( who got shares ) has said that he wants shares of some more land and paddy fields , which we are not agreeing .
Kindly advise me on the following .
1,Since the remaining property is my fathers and mothers name , can they take the claim on the remining property . do we need to divide the property amongst four of us equally ?
2. Can our mother take a call and divide the remining propreties to me and my brother ( we have not got the shares )
3. what is the legal stand on this
4. If they( my brother and sister ) is not agreeing to divide the remining propreties in my and other brothers name , can we file a suit to do redivide the total property in equal .( including the propreties already shared )?
Kindly advise
Rgds
Kumar
