Legal Question in Real Estate Law in India

My father and my elder brother are the owner of residential property and my father died without executing any will. Now our family wants to share this property in four members my elder brother , myself , my younger brother and my mother. And there is no issue or anydispute for doing the same with mutual consent. please let me know the procedure for sharing the property in equal share i.e 25% each. Can we have option that we take relinqueshment deed from my elder brother and my mother for the share of father to tranfser the same with myself and my younger brother and later on my elder brother will gift his half share to my mother. in a way it will be divided equally in all members, Please let me know the procedure or assist to do the same. Kindly note we do not have sisters and there is no other interested party in this property.

Regards

Munish Khanna


Asked on 2/01/12, 1:01 am

3 Answers from Attorneys

That you all go for oral partition out of the court by partition deed and in which you may add your conditions of the agreement and other alternative is suit for partition in the court.

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Answered on 2/01/12, 3:57 am
Sanjay Kalra Sanjay Kalra & Associates

Draft a settlement deed and get the same registered before the registrar . This would suffice your problem.

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Answered on 2/06/12, 4:48 am
Shrichand Nahar S.V.Nahar, Advocate

You need to check tax implications and act accordingly.

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Answered on 6/08/12, 12:23 am


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