Property between brother and sister
David Vijay
(Querist) 23 May 2018
This query is : Resolved
My father acquired property from my grandfather. My father died without intestate in the year 1997 . Before death of my father, my father constructed a house in 7 cents to my sister and my mother wrote a gift deed of the said house in the year 2010 and it is registered . Again my sister is claiming share in my property which is 5 cents. They are again claiming half of the share in my property which is also . Is there any provision once she has agreed and took house with her consent again she can claim or not please give clarification.according to indian succession act.
Guest
(Expert) 23 May 2018
As you say when your father expired Intestate Your self your Mother and your sister all the Three would be the Legal heirs with Equal Rights On the Properties of the deceased.Even if your mother had executed a Gift Deed with out your consent or signature in that it would be Legally invalid as your mother has got the Rights only for the 1/3 rd of the Shares. Discuss with a local advocate and serve a Legal notice and certainly they would come for a compromise. .Any how Legally you would have the Rights for 4 cents only the 1/3rd of the Property and for the Claims in building constructed only thro Court you could fetch a Remedy.
Guest
(Expert) 23 May 2018
First you could file a Partition Suit and the Result of it would sort out all the Issues.
K Rajasekharan
(Expert) 23 May 2018
The property of a male Hindu dying intestate shall devolve according to the provisions of chapter II of the Hindu Succession Act in which the son, daughter, & mother (and other relatives enlisted in the Class I as per Section 8) will get one share each, irrespective whatever transaction had taken place before.
Therefore it seems that she has the statutory right of a share of the property belonging to the father died intestate, based on the facts made available here and I could make out.
Ms.Usha Kapoor
(Expert) 24 May 2018
MOTHER. son, daughter, wife these 4 are class 1 legal heirs. so after your father's demise t the legal heirs are entitled to 1/ 3 rd each.provided YOUR gRAND MOTHER IS dead.. iN THE ABSENCE OF YOUR GRAND MOTHER DUE TO DEATH YOU 3 CLASS 1 LEGAL HEIRS ARE THEIR. WIDOW, SON AND DAUGHTER. So your Mother's gifting away beyond her share of 4 cents is legal and your sister has no legal right to claim any rights in the gifted property beyond 4 CENTS. already given(Much more than her share)EVEN THEN SHE IS NOT SATI8SGFID.your SISTER HAS NO RIGHTS IN YOUR PROPERTY EVEN A CENT.
Kumar Doab
(Expert) 24 May 2018
Which personal law applies in your matter?
K Rajasekharan
(Expert) 25 May 2018
As the query is by Mr David Vijay and he seeks clarification in accordance with Indian Succession Act, the query presumably refers to Christian succession.
Dr J C Vashista
(Expert) 27 May 2018
You have stated your father acquired property from his father but did not say how your grandfather became owner i.e., ancestral or self acquired since the reply shall differ in both situations.
How did your father dispose the property and left "without intestate"? There is some confusion in your statement.
Whether you are a Hindu or christian ?
Consult a local prudent lawyer for better appreciation of facts, guide and proceed but do not rely/ depend upon FREE response from experts/ impersonating experts making their replies on the basis of presumptions with vague and limited facts.
