Legal Question in Real Estate Law in India

Dear Sir
Thank you for your earlier advice. As you know, we are a family 4 members consisting of our mother, two married sons and one married daughter. Our father is no more and we are trying to do the partition into four equal portions. We have drafted four equal portions of all available assets that were owned by our father. I am the eldest son. I live in UK and during my last visit to India in August, I had discussed with our family elders about the way I had divided the assets into four equal portions and they had agreed to it. My mother has inherited a small house from her mother (our grandmother) that has been used for renting. It has been verbally agreed that my mother should give it to our sister in her Will. My younger brother has raised objections that my sister would be getting more than him if our father�s asset alone is partitioned into four equal parts, as my sister will be getting the house in addition from my mother. He says that our mother�s asset should be included in the current partition. My mother says that it is her asset and will not include it in the partition of father�s asset.
(1) Does my younger brother have any right for my mother�s asset to be included in partition of father�s asset? He has also raised objection that my sister was given some gold jewels at the time of her marriage in 2004. He says that the value of the gold should be detected in the current partition for her.
(2) Should the value of the gold given to my sister at the time of the marriage be deducted from her share of father�s asset partition? For these reasons, he raises objection for the father's assets to be partitioned in four equal parts and he wants a greater proportion.
(3) Am I the Karta of the HUF family? My mother and my sister want me to do the partition in the way I had suggested earlier. How can I enforce the partition to be performed when all three of us (mother, myself and my sister) agree or four equal portions, while my younger brother does not? What are my powers? What can I do?

Asked on 10/31/12, 4:54 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Please mention the name of the SIR you are thanking. Anyway ,the answer to your queries are here in below for your perusal :-

1) It is your family matter which should be decided amongst family members , i can only talk and tell you about the legal rights amongst you legal heirs. As informed you earlier that your younger brother has no right or share in your mothers property and your mother can gift or will her property to any one and that includes your sister.

2) You dont need any legal advice as it is in your family domain to decide.

3) If you are not in a position to partition the property the way you and your mom and sister wishes to do then in that case file a suit for partition before the Court and the court would do the needful. You are not a KARTA in your matter. I hope i have made myself clear to you.

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Answered on 10/31/12, 11:11 pm

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