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This can be done by filing a court suit or without it. The Indian law for property distribution between brothers states that each heir gets an equal part in ancestral property, and if there is a will, the will is used to distribute among the people it mentions.

Following are methods to partition an Ancestral Property: Partition by mutual agreement. Partition of the property by mutual agreement can be done by Partition Deed or Family settlement. ... Partition through Court. ... Partition through Will Probate.

For instance, A father dies leaving behind a widow, a mother, and one daughter and two sons, his property would be divided into 5 equal parts, and each of these legal heirs will get a 1/5th share. Consult NoBroker's Legal Experts if You Face Legal Issues in Selling/Buying Property!

Partition of the property by mutual agreement can be done by Partition Deed or Family settlement. Partition Deed divides the property between the co-owners of the property. This deed is prepared in order to divide the property so that each person gets an absolute title over his own part of the property.

Format of partition deed The partition deed format is as follows: Title of the deed. Parties involved; names and details of all the parties involved. Brief Description of the Property. Terms and conditions. Signatures and witnesses: signatures of all the parties involved, i.e., co-owners of the property.

If all parties involved are ready to amicably settle all disputes, a partition deed needs to be executed. Through a partition deed, it defines the share of each co-owners of the property. This partition deed needs to be duly registered with the Sub-Registrar office, only then it's considered a legal document.

Partition with mutual consent: If all the property owners mutually decide to divide the property, they can do it peacefully by visiting a local registrar's office. Once the deed is in place, all the owners will become rightful owners of their share of the property.