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K S SUBRAMANYAM   02 August 2016

Property division dispute within family members

Hello,

Myself Subramanyam, a software engineer in Bangalore. My father (60 years old) is retired now and still he is not financially independant. He has a younger brother (50 years), and two younger sisters (55yrs <unmarried, mentally retarded>, 52yrs<married, stays in Raipur>). Total 4 in number.

Grand father had a land with house worth around 90 lacs as per present estimate (its a 45 ft X 90 ft plot in midst of Vizianagaram City). Apart from this, there is Gold, around 15 Tulas.

Grand father didn't write it on anybody's name and left his body. Now after his demise, there is a huge dispute between the brothers and sisters. One more additional problem is that one of the sisters is mentally retarded and didn't get married, she has to be taken care by someone. 

Few years back, we called some elders in our family and tried to settle the dispute and get the partition done. Elders suggested that the land should be divided into 3 parts 15X90, 15X90, 15X90 and divide the 3rd part again into two halves: 15X45  and 15X45. The Gold should be given to Raipur Sister.

Both the brothers should get one part each: 15X90 and the smaller parts should be written on two sisters' names: 15X45 each. And one who is ready to take care of the mad sister should get the land after her demise. 

The younger brother promptly agreed to take care of the mad sister and my father was happy with it. Actually he doesn't want to leave the mad sister because he wants her patch of land. Documents were written accordingly. Then, younger brother started showing his colours: He said that he wants the Mad sister's land on his Wife's name, He built a godown without anybody's permission in the plot which was supposed to be given to Raipur sister. Moreover, he was not taking care of the mad sister properly. He and his wife started beating her, not feeding her enough, and kept her throughout the day in a Godown without even a fan and a window. Seeing all this, the Raipur sister and her husband decided not to sign the documents unless the Mad sister is properly taken care of. My father is very mild and he is unable to do anything. But, he urgently needs his share to come out of financial crisis. The Raipur sister and husband are well settled and they are not in a mood to solve this issue quickly. 

I need some expert guidance to solve this issue. Awaiting responses.

 



Learning

 1 Replies

Kumar Doab (FIN)     02 August 2016

It is believed that you are Hindu.

As per you the oral Partition was never agreed/implemented upon and not doumented.

There is registered family agreement.

Apparently the property/estate is self earned/acquired.

The wife (grandmother ;if alive) and all sons and daughters have equal share (including mentally retarded sister).

If nothing has worked on amicable terms approach a very able counsel specializing in revenue/family/civil matters and approach court for partition.

If workable and possible your father may discuss selling his share.

 

There are laws  for protection of mentally challnged persons.

Is family inclined to pursue provisions of law?

 

 

 

 

 


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