Matter of life and death need urgent advice
rishi
(Querist) 04 November 2014
This query is : Resolved
1. Sir i am from chhattisgarh.my includes my father ,mother a brother sister1 sister2 and myself.
2. We had a property of 40 acres in village out of which out of which 25 acres is in my and my brothers name rest 15 acres lies in my father's name.
3.my father died in 2005 without making any will.according to law it must be divided among class 1 heirs.but even after my fathers dead the 15 acres are even now in my fathers names ,which means that legal distribution haven't took place.
4.after that in 2011 my brother died due to disease and his wife along with his two daughters live with me and also my mother lives with me.
5. So sir my question is .is there any way,"" i am repeating any way""I can get those 15 acres.because my mothers want me have it because my two sisters want their share .also my brother's widow is not sensible as she wants to sell her property without thinking about her daughters.
Please please please answer these its a very serious matter.
And if you have any doubt about the question please ask me I will clear it
Anirudh
(Expert) 04 November 2014
The property in the name of your father, in the absence of any WILL, will go equally amongst all the legal heirs.
The legal heirs of your deceased father are: his mother (if alive), his wife (i.e. your mother), you, your deceased brother's daughters, your two sisters.
Therefore you cannot get the entire 15acres in your name. However, if your mother so desires she can give her share out of the 15 acres to you by means of a Registered Relinquishment Deed. You cannot deny the shares of your sisters, by "any way".
Now you say 25 acres are in the name of you and your deceased brother. I think it is 50% share for each.
If that be so, your deceased brother's share will go equally to his mother, his wife and his two daughters. That is 1/4th each out of 12.5 acres. If you are so concerned about the interests of the daughters of your brother, then you can request your mother to give her share i.e. 1/4th share out of 12.5 acres which belongs to your deceased brother to the two daughters by Registered Relinquishment Deed. That will leave your sister-in-law only with 1/4th of 12.5 acres. Even if she is adamant in selling this share of hers, still her daughters will have their share, which cannot be sold by her without the permission of the court, so long as the daughters are minor.
Guest
(Expert) 04 November 2014
First a Legal Partition to be filed Entitling all the Legal Heirs to their Shares.After the Partition is Legally Completed Your Mother if she wishes could Relinquish Her share in your Favour.Regarding the share of the brother who had passed away let his Legal Heirs decide what to be done and for what purpose.You can not dictate or involve in their decisions.Consult a Local Good Advocate for Partition Formalities.
Guest
(Expert) 04 November 2014
The Title of your Query is Not Understandable Please
V R SHROFF
(Expert) 04 November 2014
well advised by Shri Anirudh
all legal heirs have right in intestate property of your father.
ANY WAY = MUTUAL SETTLEMENT OR PAY MONEY & GET THEIR RIGHT IN YOUR NAME.
WHERE IS LIFE & DEATH in it??
u already own majority of father's land
u only want to deprive your sisters!!!
ajay sethi
(Expert) 04 November 2014
well advised by MR Anirudh
K.K.Ganguly
(Expert) 04 November 2014
Agree with Mr.Anirudh. Hope you will ve able to convince your mother to gift her share of your deceased brother's property to his daughters.
Guest
(Expert) 04 November 2014
Your Mother has the Full Right to Decide what to be done with her Share and you can not dictate the same to her in any manner.
Sudhir Kumar, Advocate
(Expert) 04 November 2014
Further,
the matter relates to property distribution.
How it is urgent
and how it matter of life and death.
T. Kalaiselvan, Advocate
(Expert) 07 November 2014
The subject issue has been very properly explained and advised by expert Mr. Anirudh leaving nothing more to add to it. You cannot take away the legitimate shares of your sisters or other legal heirs from them by any illegal way, especially the minor children shares cannot be sold during their minority without the permission of court. Do not venture into any fancy ideas that may bring forth troubles to you for ever.
