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Eshwer (MD)     05 January 2014

Need help on property

This is Eshwer from Chennai.

I want to sell one of my dads property (Land). 

My dad Passed away 3 years back & didnt leave a will.

My dads legal heir are - 

Grand Father (Deceased)

Grand Mother

Mother

Myself

My elder brother

My Sister (Passed away recently).

 

My sister has two kids (both are minors) & her husband is still alive.

Now i want to sell my dads property, which is still in my dads names.

Now does my brother in law can claim in my dads property.



Learning

 4 Replies

Advocate Ravinder (Advocate/Attorney)     06 January 2014

Before giving my answer kindly clarify me the following. a)What is your religion b)How did your father get the property, is it self acquired or ancestral.

Eshwer (MD)     06 January 2014

Dear Mr Ravinder,

I belong to Hindu religion... the property is self acquired by my father.

Advocate Ravinder (Advocate/Attorney)     06 January 2014

Since it is self acquired property of your late father and you are Hindus by religion, the property will be divided as follows:- For example the property is Rs. 100. Your mother, yourself, your elder brother and your late sister will get Rs.25 each. Since your sister is died, her share will go to her two minor children and husband equally i.e.Rs.8.3 each (Rs.25 divided by 3). Your brother in law will be the guardian for minor children. Your brother in law cannot claim your property. If you want to sell the property you can sell your share without consent of other co=sharers. If you want to sell the entire property, all the co-sharers have to execute the sale deed. Only one problem is that you cannot sell minors property without the permission of the court.

T. Kalaiselvan, Advocate (Advocate)     09 January 2014

I think Adv Mr Ravinder's advice on the subject is more than enough for the present.


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