Request to suggest family property issue.
Querist :
Anonymous
(Querist) 17 February 2011
This query is : Resolved
Dear Sir,
We are seven brothers and sisters (two brothers and five sisters) and are having a property where me and my brother are living along with our familities. My father was missing since two years and a FIR lodged to this effect in the Police Station. This property is freehold but unfortunately nobody is nominee in this case. There are following questions from our part: -
1) Whether both brothers can claim the above property in our name or we have to give each sister their share ?
2) Is our sister's consent is required for giving the property in our names ?
3) Whether we have to wait for another five years to resolve the above isuse ?
4) We are having another flat where the flat is in the name of my father and he made nominee my mother. Can she dispose off the same flat or give this flat to any of her child at her discretion or she has to wait for another five years for disposing off the flat.
Sir, kindly advise at the earliest, please
Devajyoti Barman
(Expert) 17 February 2011
1. All you brothers and sisters and mother have equal shares in it but only at the demise of your father.
2. Yes, Deed of Relinquishment.
3.yes for declaration of civil death of your father.
4.No, nominee is not the owner. All of you have equal share. Yes 7 years from the date of missing.
