Joint propert devision


Hi,

I need help from you.

Am Dauther of Late father.

After death of my father (a year ago), all the property (plot, house, etc) is been transferred to Wife, Daughter and Son. Now its joint KHATHA .

Please note the following point: *****My brother is hard core criminal and he sold out all jewells , vehicles and other tangible things. As i said he is chore and also going for house sale. There are many robbery, theft cases against him.******

Now its my utmost responsiblity to retain it , infact my mother is ready to do WILL or any DEED or Transfer Her Rights to me as am taking care of her.

Can somebody please help me, can i get this property transferred in my name? i mean i do not want to give a piece of it to my brother.

"""""""All my father's hard earning money, he never enjoyed but left all . am worried. """""

HELP!!!!!!!!!!!!!!!!!!!!

 

regards,

Beena.

 
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Advocate

That is not possible unless your brother relinquish his share or gift the share in the property in your favour. The joint ownership of all of you including your mother and brother after the death of your father exists.
 
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FIN

It is believed that all involved are Hindu.

Confirm!

 
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FIN

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

 
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FIN

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how and how much gets  vested in widow, son, daughter …….

 
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FIN

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

 
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FIN

 

The whole estate of the deceased should have been divided.

Can you establish that the defaulting son has stolen and sold the estate of late father that includes the share of other legal heirs with irrefutable evidence that can fetch you some charge on his (son’s) share?

 

The mother can dispose her share by a valid/registered deed say; WILL.

Preferably register the WILL.

The mother can claim maintenance from son under ;

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under this Act by your state.

IT can offer quickest, cheapest recourse…

 
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Yes HINDU family.  Mother 53 (widow), daughter 28(married), brother 31(unmarried)

 
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how about making three parts , i mean devide property by three (my mother, myseld and brother) then transfer atleast two parts to me. i.e myself will be the owner for piece and making kind of gift of any deed from mother's .  my concern is we do not want to sale the property. am sure he go bankrupt and will be in jail because of his wrong doing

 
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thank you sir. this property is from my late father. i mean he purchased it. now we are three members as legal heirs.

and about other answer;.

yes ofcourse i can put it in paper: he stolen Gold 94gm of worth atleast 3 lacs, two wheeler vehicle 50k, LuMpsum amount (from AG as pension) given by govt towards death of my father. He received 5lakhs, infact its kind of share but he did not give it.

 

aprt from this we have ancestor 's property but  we (myself and my mother) have decided, we would give this to my brother, we do not worry about this.    

My father had purchased : three plots(ready to construct) , one house-individual.   so at this moment, i only think about these ..

 
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