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parthi   10 August 2021

Share of undivided property

Hi.. I am 33 year old woman and married. I have two elder brothers. My father purchased one 85 cent land and registered it in my mother's name in 1984. My mother died in 2002 and since we all 4 (including my father) are legal hiers, the ownership was  transferred to all 4 of us by submission of my mother's death certificate. My father remarried in 2002 and got one son in 2003.in 2012, my eldest brother had some dispute with my father and transferred his share to my father alone through relinquishment deed and got some money.  now, he is planning to register the property through partition deed. However he is claiming that he will get 50%share in that property and remaining to be shared between my brother and me. We are disputing that since my eldest brother relinqueshed his share, the property should be equally shared among the three. He is not accepting since he paid some money to my eldest brother. 

Request your opinion on this



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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     10 August 2021

Hello,

Your father has paid for your elder brother's share in the property so now your father can claim his own share and the share of the elder brother. For in partition your father will be entitled to a 50% share in the property. 

parthi   10 August 2021

Hi, however he has executed this transaction via relinqueshment deed and paid stamp duty of 1%. Should this come under sale deed and they would have paid stamp duty for sale proceeds


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