Partioning property between siblings

Please clarify from parent you mean father or mother or both? The legal proposition shall be different in all three situations.

If the property is ancestral and your parents wanted to give equal share to both of you, what does the document state? What was there in the mind/ intention of your parents to execute a will?

Adv Vashista is right!

Originally posted by : Dr J C Vashista 9891152939
	Please clarify from parent you mean father or mother or both? The legal proposition shall be different in all three situations. If the property is ancestral and your parents wanted to give equal share to both of you, what does the document state? What was there in the mind/ intention of your parents to execute a will?

Originally posted by : Dr J C Vashista 9891152939
	Please clarify from parent you mean father or mother or both? The legal proposition shall be different in all three situations. If the property is ancestral and your parents wanted to give equal share to both of you, what does the document state? What was there in the mind/ intention of your parents to execute a will?

Thanks Sir, the property was in the name of my mother, who had written the will. It is not an ancestral property. The will states that both the siblings have equal rights on the property after the death of our father. As the will was drafted and registered about 10 years back, we aren’t sure what their intention was while the document was prepared. Since we both were living out of town, we were not thinking about the Will and property until our father’s recent demise. Our mother passed away few years back.

You have stated some thing confusing and different to advise, however, presumably your mother has executed the will in favour of her husband (your father) and expired, isn't it?

If yes, did your father got the property mutated in his favour ? Did your father execute some will or any other document?

If no,  the property  is required to be mutated in the name of your father and then it will pass on both of you.

Engage a local lawyer, show the document to him/her and seek his/her guidence and advise.

My apology, if my response was confusing. But your presumption is right. Our father did not execute any will or document as you had mentioned. When we consulted a local lawyer, he suggested to go for partition or settlement which would cost a stamp duty (8% stamp duty).this is a huge cost for us as the value appreciated over the years. Is there any other way you could advise which is more effective legally and monetarily. Thanks for your advice. Regards Praveen

First of all it is the property belonging to you both equally, now what is your decision?, to partition and have separate possession of individual's share or to relinquish one's right of share in the property to the other by executing a registered release deed in other's favor?,  there is no question of settlement here.  The property upon your father's death devolve equally among his legal heirs.i.e., you both and it is you both who have to decide about its disposal either jointly or separately, either within yourselves or otherwise.  the stamp duty has to be paid as per the government guidelines value for any document that has to be registered, there is no exemption to it in the normal circumstances.

It is not only stamp duty in a partition suit you are required to pay ad-velorum Court Fees before filing your suit.

If you can settle the matter amicably, get a relinquishment deed executed and registered by one in favour of other, that is the cheapest, easiest, least time consuming  and legally valid document. 

Thank you very much for your suggestions. I will check with any of the local advocate on relinquishment deed to execute and register.