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Jeetendra Singh Saluja (None)     01 September 2010

Property Dispute

Hello

My father passed away in January 2008 intestate.He had one son and one daughter from the first wife who passed away in 1984 and one son from the second wife who he married in 1985 and she is alive.

So we are four 'legal heirs' in total viz my elder brother(married), elder sister(married) ,my mother(widow) and me(unmarried).

My elder brother and I take care of the business together but my sister along with my brother in law have unreasonable demands which are impossible to meet.They have been harassing my mother to give them a major share in the property and monthly income.My mother has suffered from major depression and paranoya and has been in the hospital since the past 2 years because of the same.

My queries are as follows:

1)Sister got married in December 1995, is she eligible for a share in the fathers property?

2)My mother is old and sick , can her share in her husbands property be transferred through a will in my name?

3)My father had already paid dowry, settled my brother in law financially, and made a house for them and set up a business in my sisters name of which we have records and is available on papers.Can we use them against her in the court?

4)How long does it take for a judgement to come from the court in such matters and could there be any interim orders?

5)What are other ways of amicable settlement with appointment of an arbitrator or a commisioner?

PS: We had decided on a list of properties that could be divided and the list was agreed by all.Only my sister does not trust us brothers in the documentation procedure and wants it done from the court as their lawyer says that is the best way.Is there a simple procedure like a Registered MOU be made first and then go ahead?



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 September 2010

Yes, your sister is legally entitled to equal share in her father's property.

If your mother is in a fit state of mind then, she can make a will and transfer her share to you.

The facts that your father had already given money, settled your brother in law financially, and made a house for them and set up a business in your sisters name are in your favor and if your sister goes to the court for claiming equal share in the property then, the records and proofs available with you shall help you and you can state that her share in the property has already been given by the father during his lifetime.

shamataneja (Advocate)     01 September 2010

A married woman does have a equal share in her father's property.

Your mother can transfer her share in her husbands property through her will in ur name.

yes u can show  the court the papers and others records which shows u and ur family had financially supported her.

Justice is always delayed it takes number of years. there adinterim orders for e.g any of your family mmbers cannot part with ur share to third parties.

There is Family Arrangment be arrived at for which u will require to consult an Advocate.Which can be registered. Your Advocate shall prepare Family Arrangement and give u for your approval to u and ur family members

Jeetendra Singh Saluja (None)     01 September 2010

Thank you for the quick reply

I have a few more questions if you don't mind,

- How would be the courts judgement in such a case? Whether all the properties will have four names or four owners, or whether the properties will be divided equally amongst them?

If so , on what basis will the court evaluate each property , market value or purchase cost?

-My brother , mother and me are together and want an out of the court settlement ,can my sister claim a share in the properties which are in our individual names?

The property is not ancestral and was earned by my father. The properties in individual names were gained by his support.

shamataneja (Advocate)     02 September 2010

Mr.Saluja,

                       I have eplained u that where u stand . now u will have to meet an advocate and make  a case for yourself

Pushpendra S Rathore (Area Manager)     03 September 2010

Family is Hindu , their is land of 20 bigga in name of my grandfather that land is gifted by the ruling highness in the 1860. Patta of Land is in the name of my grandfather. till this date patta is on name of my grandfather & my father & grand father both are passed away.

In meantime government also taken the land , could it possible to i will take back the land from government & change the patta in my name.

 

Pushpendra


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