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Question
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Property partition between brothers after father's deathDear Sir/Madam, Please help me to understand the law and advise me what to do. we are six brothers and 4 sisters. My father expires 2 years ago. Left one big house, and 2 Lands in out side of city Patna.One of them is on my mothers name. she is also not alive (1997) I live in Bangalore. Now after 2 years also we cannot divide the property as all six are not agree. Even one of brother says he have some documents from father signed. Dont know Its WILL or what. He warned me that have guardianship documents to take care of property. 1)Please advise how to know, its WILL or something other. 2)There is any validity of WILL ? as after 2 years its not presented and he is blackmailing me.It means even after division he will blackmail all of us? 3)What i must do? if file a case for division, I can file it in Bangalore? after that any way the case will be transfered to Patna? so i have to go always patna for it. 4)One of my son is Invalid. Its give some protection for him on his grandfathers property? 5)What i earned in my life period, it will be also comes in division? As one of the brother was blackmailing me like this also. 6)Afterall i want my part in my fathers property. Please Advise my steps to be done. Please reply & Help.
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Hi, you have to file a suit for the partition in the place where your house property situated and from your narration some lands is also situated in outside the patna so you can file a partition suit either in patna or in whose jurisdiction the house is situated or in place your lands situated in that court only.Cousin
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If the property was jointly owned by by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes. Now your brother has no right . If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property. Advise your mom to make a decision and act accordingly. The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.
Cousin
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