Legal Question in Family Law in India

We are 2 children of my father. My father died in 2007 without making any will, and is survived by wife and 2 children (son and daughter).

My father's inherited land is automatically divided in 3 partners on papers (though not seperated physically till now.

House we all lived in was in name of my father and it was self earned by my father and my mother (as she was also working women).

After his death, house again had 3 partners, so me an my brother transferred the house to my mother's name. Now she is the owner of the house.

But now my brother, who is living with my mother, is not behaving with her well and it created a lot of tension between them. My mother is stressed and wants him to vacate the house.

Now my questions are:

1. Can legally my mother ask him to vacate and what is the legal procedure?

2. Can she transfer the ownership of the house to anyone of her children still have any right on this property, since she received it from my father (please note that she also earned and have given a portion of her earnings for building the house).

3. What is the procedure for physical division of land and for transferring the individual portions on individual's names?

4. What if my brother denies the division ? will it be difficult for him later as me and my mother would not support him later?

5. As equal partners in land, can we transfer our share to any third party even without physically dividing the land?

I would be grateful to have answers of these questions.

Asked on 9/06/13, 1:42 am

2 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Legal rights are enforced only through a court of law. We cannot predict court decisions and proceedings. If the matter is not resolved amicably, the only solution may be approaching the civil suit.

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Answered on 9/06/13, 1:53 am

Dear client...

Contact me at [email protected]

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Answered on 9/07/13, 12:50 am

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