right to have equal share in property
kapil bali
(Querist) 23 December 2010
This query is : Resolved
i am residing on the GF of my mother owned property,who died in 2005&my father&one elder brother were three legal hiers.my father xpired in feb 2010&elder brother expired in augest2010. there are 1st,2nd&3rd floors in the property which have common staircase.1st floor is occupied by the widow of my elder brother&2nd &3rd flrs are vaccant.she locked the staircase.how i can take my share in the property&how much share is mine in the property?
Adv Archana Deshmukh
(Expert) 23 December 2010
You and the widow of your brother and his children, if any have equal share i.e 50-50% share in the property. Half property shall go to you and half to your brother's widow.
Y V Vishweshwar Rao
(Expert) 23 December 2010
I Agree with Adv. Archana
Each Two Floors - it is only lock on Stair Case put by the Widow of your brother - Take help of Relatives and local elders and get the lock opened and take one more floor in addition to the Ground Floor-now you are residing .Thereby the property will be enjoyed by both of you in equal Share-approx.
Kirti Kar Tripathi
(Expert) 23 December 2010
yes, all views are correct. I agree with the position of law that you and widow of your deceased brother and his children will have equal shares in the property i.e. 50% and 50% however, Mr. Y.V.V.Rao clarified the position
yogesh
(Expert) 25 December 2010
i agree with the experts
M V Gupta
(Expert) 25 December 2010
If even after the mediation of the elders and friends your sister-in-law does not agree to the partition of the property, you may have to file a suit for partition of the prperty between yourself and your sister-in-law. if on account of the mediation your sister-in-law is willing to the partition ensure that a partition deed is executed and registered.
