Inherited property

Based on your query, you want to know if you can separate from the existing MOU and sign a new one for your remaining share of the property, which is 62.5 cents, after the passing of your elder brother. 

Yes, you can consider separating out of the existing MOU and signing a new one for your share of the property. Here are the steps you should take:

1. Legal Consultation : Consult with a lawyer who specializes in property law. They can help you understand your rights and the best course of action.

2. Review the MOU : Examine the terms and conditions of the existing MOU to see if there are any clauses that allow for the separation of individual shares.

3. New Agreement : If the existing MOU allows, you can negotiate and draft a new agreement with the third party for your share of the property (62.5 cents).

4. Legal Heir Certificate : Ensure that your brother's legal heirs obtain the legal heir certificate. This will help in transferring his share to his heirs and ensure there are no disputes in the future.

5. Amend the MOU : If the MOU does not allow for separation, you may need to amend it or terminate the existing MOU and create a new one.

6. Court Approval : If needed, seek court approval for the new agreement to ensure it is legally binding and enforceable.

Taking these steps will help you proceed with the sale of your share of the property while complying with legal requirements. It is essential to work closely with a lawyer to ensure all legal aspects are covered.

If you have any other questions or need further assistance, feel free to ask.

There is no hassles in separating your share.

However, why this anxiety? The property of the deceased brother has already devolved upon the legal heirs. As such, obtaining the legal heir certificate is of no legal sigificance unless there is a subsisting dispute among the legal heirs.

The property does not appear to be ancestral esp. because the querist, prima facie, is a Chrisitian. Ancestral property is unique to the Hindu Law of inheritance.

Well analysed, opined and advised by learned experts, I endorse it.

LRs of your brother shall step into his shoes, who may or may not honour the MOU signed by both the brothers.

Just wait and watch their (LRs of deceased) reaction qua subject MoU, your query is premature. 

As per your query, if the MOU was signed jointly with your late brother, the legal heir certificate process for your brother's family would need to be completed before making any decisions regarding the future sale of the property. Since you wish to separate your portion of the land and sign a new MOU for the balance property, this can be possible once your brother's legal heirs have been identified. You may need their consent or confirmation to release your portion of the property, or alternatively, you could seek legal advice regarding the MOU's terms and whether they allow for such a separation.

To discuss the specifics and further steps, please feel free to share your contact details, and I would be happy to assist you further. You can reach me at anshu@lawfinitysolutions.com.