How can property be fairly divided among heirs without conflict?

My dad died in mid 2022 without a will. Currently my mother has taken ownership of all property & is acting like the sole owner. According to the law if an individual dies intestate the remaining heirs equally share the property. While my brother & I do not have a problem with her current behavior BUT tomorrow if she donates the entire property it will be a larger problem for us to recover our share of the property as she can only take a decision on her share of the property. Rent generated from the property is also not shared equally. Currently my brother & I are facing employment issues post covid & sale of one property could help both the brothers. Both brothers do not want the entire property BUT the property be divided into 3 parts, she can retain her share of the property & her share from the rent generated and post her death we can share the balance equally. How can this be resolved.

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Advocate By LEAD INDIA Answered: 01 Jan 2025

Sir, you can file a petition in civil court for partition with the help of an expert lawyer who will assist you in understanding your legal rights. For further legal assistance contact us on our helpline number.
 

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