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Arun   12 May 2017

Property dispute

Dear Sir,

 
My father has a property in Pune (Flat). As per the sale deed three names is mentioned that is my father name, my mother's name and my brother name.
My father made a will saying it will be divided in three parts i.e my mother and we two brothers.
My question is that property will be divided in 3 equal parts or my fathers 1/3 rd share will divided amoung four of us. 
This property is earned by my father and no one has contributed to this.
Is section 45 applies in this case if so what is section 45 in simple language
 
 
Waiting for your reply
 
Regards


Learning

 4 Replies

Kumar Doab (FIN)     12 May 2017

The Father is one of title holder and owner of share 1/3rd, if the share of each is not mentioned in specific in sale deed.

He can dispose his share by a valid WILL.

Kumar Doab (FIN)     12 May 2017

His contribution of monies/consideration is another debatable and contentious issue.

Kumar Doab (FIN)     13 May 2017

Which Act is it whose “section 45” you have mentioned!

Arun   21 May 2017

Hi Sir,

Section 45 of property act.


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