Community › Forums › Legal Advice India › Property division post
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Indianshivansh3984.
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UUser_bd1b49bb
PARTICIPANT
February 4, 2025 at 6:32 amHello! Iโm posting here to enquire about how property would be divided. My grand father expired in 2015 and my grand mother was living in the house till she too passed way in 2020. They had three children my mom, and her two younger brothers. The middle child is very cunning and seeing that my grand father sold my mother the plot beside the house for a decreased price but nevertheless it was a sale deed and not a gift. There was my grand motherโs FD for 10 lakhs and only my mother was the nominee but he hounded her into giving him 6 lakhs from it and only let her keep 4 lakhs (3 lakhs of which she already paid for my grand motherโs hospital bills at peak covid time) The youngest brother changed religion and sighting that the middle brother is skipping his inheritance. He is also making my mother sign off her inheritance sighting that she is a woman. He blindsided her after calling her home and showing her papers dated today. Iโm fighting with him but Iโm away from the hometown. What should we do? Please suggest -
IIndianshivansh3984
PARTICIPANT
February 4, 2025 at 8:01 am1. The plot bought by your mother is her exclusive property and will not be factored in.
2. The uncle who has converted to a non-Hindu religion loses his share in inheritance.
3. Everything else needs to be divided amongst the surviving heirs (middle uncle and your mother) in an equal fashion.-
UUser_bd1b49bb
OP
February 4, 2025 at 9:10 amThank you for your response.
My understanding was it would be divided equally but now he is asking her to sign a release paper stating that he would be paying an amount ( but he says that he wonโt be actually paying any money since she has the plot) I asked her not to sign anything. What course of action must we take going forward?-
IIndianshivansh3984
PARTICIPANT
February 5, 2025 at 8:31 amIt is a free country, and he can ask whatever he wants to his heart’s content; however, that does not hold any weight in the real world.1. Do not sign anything. Anything signed under coercion can be disputed, but it causes needless complications, so just avoid signing anything.
2. Collect evidence and documents, and keep all communication with this uncle secure.
3. Negotiate for the proper settlement of the FDs and an amicable distribution of property.
4. Failing that (3), file for a suit of partition and a civil suit for the FDs.
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