Distribution of property
vaishali namdeo
(Querist) 21 May 2014
This query is : Resolved
Hi sir,
My query is regarding distribution of family property. We were 4 members in my family. My father died in Feb, 2014.My father has two younger sisters. We have only one home which is owned by my grand parents.We are trying to transfer the home to my mother's name. The first sister doesnt want anything but because of ego the second sister wants share in our home or to be transferred to her name along with my mother. Following points are remarkable:
1.Earlier we tried to transfer the same property to my father's name but couldnt happen bcz of lack of time, at that time both the sisters had given in written that they dont want any thing.
2.Me and my family have been stying there for more than 20 years. But that second sister has stayed only for 3 years and then she got married.
3.The second sister has submitted a letter to the office that property transfer process must not be done without my permission, thats why we are unable to process ahead.
Query: 1.If we have been staying in that home for more than 20 years, still is she eligible to get that property?
2. If she file a case to get the share , what are the things we should prepare from our side?
Many thanks:
Vaishali
Devajyoti Barman
(Expert) 21 May 2014
1. Yes, your sisters do have share in the house. You being the son is expected to stay in the house, not your married sisters.
2.Nothing, you have part with her share.
Dr J C Vashista
(Expert) 22 May 2014
Staying in the house will not confer title of the house, your father's sisters have an equal share with your mother.
Rajendra K Goyal
(Expert) 22 May 2014
Your sister has share in the property, you are staying in the house for 20 years, does not effect her share.
T. Kalaiselvan, Advocate
(Expert) 22 May 2014
Your father's sisters have equal share n the property to that of your father. The property never devolved upon your mother alone at any given point of time hence it cannot be held legally valid fora transfer of the entire property on your mother's name. An amicable settlement solution by offering your father's sister in kind in lieu of her share in the property may bring a solution to this, try.
R.V.RAO
(Expert) 22 May 2014
if ,the property was the self acquired property of your grand father,and if there was no will left by him,(being intestate property),all his class 1 legal heirs(if any class 1 legal heirs are predeceased, then their legal heirs ) namely, his wife, his mother (if alive),all his sons,and all his daughters are entitled to equal share in the property.
so your sisters being class 1 legal heirs of your grand father are entitled to equal share.
your living there for 2 decades , does not confer any rights on you nor take away any body's rights .
