How to divide the propety.
P.Muthusamy
(Querist) 22 February 2009
This query is : Resolved
My mother had left 21 house plots, 20 plots having an area of 5 and half cents and one plot of area 6 cents.
All plots have the same value of Rs. 20,000 per cent.
We are 5 sons and 5 daughters.
I am the third among the sons.
Mother had left no will.
I am of the opinion that the properties should be equally divided among the 10 members.
I have obtained the leagal heirs certificate from the revenue department.
But my elder brothers are against this 10 divisions.
They don't want to give shares to their sisters.
Their argument is that for their marriages
enough amount had been spent.
But the expenditure was done while my mother was alive.
My contention is that If we, including the mother, had spent money, the properties my mother could have been well sold during the life time of my mother and the amount could have been realised with the wishes of mother. But having the mother expired,(10 years had elapsed after the expiry of my mother) and having not written any will, it is too late to deicide other wise. Now there is no other go except partition among the 10.
Because of this dispute, we are not in a position to transfer the properties in the individual names.
My question is ,"Is there any way without going to court, to get my 1/10 th share, (not 1/5 the share), with out bothering about others.
Kindly note that leaving the 6 cent plot, can I transfer two plots in my name which is of equal area and value as other plots.
Learned experts please advice.
Thanking you,
PALNITKAR V.V.
(Expert) 22 February 2009
Merely because money was spent for marriage of sisters, they can not be deprived of their right in the property.If settlement is not possible by mutual dialogue then you have no alternative but to approach the court for partition and separate possession. you can not transfer any plots in your name without consent of others. However, if you are in exclusive possession of plots to the extent of your share, and if the purchaser is ready and willing to take the risk, you may sell your share and let the purchaser or other co sharers file the appropriate proceeding for partition and separate possession.
Uma parameswaran
(Expert) 22 February 2009
Your sisters also have right on mother's property.For your share you can file partition suit.
Kamlesh soni
(Expert) 22 February 2009
Legaly your sisters have right on mother's properties.but in general view the parts are distribute among sons. but u go with every member of your family.if it is mutual understanding then don t have any problem.it is good 'Ghar ki Baat Ghar me hi Rahe'
B.B.R.Goud.
(Expert) 22 February 2009
Mr Muthu Swamy,
what you are thinking and doing is perfectly right. i congratulate you, for positive thinking, in this regard.
you can arrange a counselling session either with legal service authority or family elders.
you can file a case to get your share(1/10), along with others, leaving all at their own fate.
basically, mother's property("stridhanam or intestate property") is only belongs to the daughters alone i.e. your sisters, in case of your father's self acquired or ancestoral intestate property only, you get each 1/10 share. if you make it rupture you and your brothers may not get even 1/10th share.
