Legal Question in Real Estate Law in India

My brother and me are staying in my late father�s property

He lives at the ground floor and Im staying at the 2nd floor

My brother has the property papers and also the death certificate of our late Father.

Now he is asking me to allow him to build another flat on the roof of my flat for his children.

I want the share of total property to be divided but Im having no Property papers

or even the death certificate of my late Father.

We also have tree sisters but they do not want any share in the property.

So kindly tell me what action shall I take to get the division of property be done.

Also let me know will the property be divided amongst us on 50/50 bases of the

total value of property or...?


Asked on 2/04/13, 5:54 am

6 Answers from Attorneys

Setu Niket Curare Legal

You can get copies of property papers by concerned sub registrar of your area, and death certificate by municipal corporation, if your brother doesn't agree then file a suit with documents for partition

If your sisters relinquish their right, you get 50-50 share, partition will be done accordingly.

Kind regards

Setu Niket

Advocate

Curare Legal

+91-9873109672

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Answered on 2/04/13, 6:39 am
Sanjay Kalra Sanjay Kalra & Associates

Before you think of getting 50% each for yourself and brother ,you need a relinquishment deed from all your 3 sisters and the Deed should also be registered. You can file a partition suit before the court to claim your 50% share in the property........Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/04/13, 11:03 pm

dear client....

The property needs to be divided equally among all ....

you sisters also have right in the said property in order to get their share you have get relinquishment deed executed....

for any further help contact me at [email protected]

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Answered on 2/05/13, 12:11 am
Shrichand Nahar S.V.Nahar, Advocate

Partition may be effected a duly registered deed as mutually agreed.

Else, approach court with partition suit.

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Answered on 2/07/13, 2:07 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

file a suit for partition against your brother urgently.

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Answered on 2/07/13, 6:07 am


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