Hello,
My father made a WILL of the property (self acquired property) before his death. It is mentioned in the WILL that till my mother is alive, she has all rights to own and transfer the property and after her death, property will be divided into ratio of 60/40 between elder (myself) and younger brother I have one sister also, she is not interested in any share.
Myself with my mother, my wife & two kids are staying in ground floor of the property, and my younger brother used to occupy first floor of the property.
For Last 6-7 months, my younger started to live in other city, having locked his first floor portion. and he is not ready for any amicable settlement.
Now we want to divide the property, since it is a plotted house, we want o divide the total plot in two parts, one with 60% area, where myself, my mother, my wife and two kids will stay, and 40% we want to set aside for younger brother to occupy, but since he is not vacating his first floor portion, it does not seem to be possible
Respected members, please advise
1. Does my mother need to have this property registered in her name first before going for any parittion or gift.
2. or she can transfer 60% shares to me by way of gift
3. or she can force partition of property and raises a wall, breaking the structure on top where required.
Thanks very much in advance
