Hi,

mehul (Querist) 08 April 2013 This query is : Resolved
Sir,

After my father death I and my mother were living in the house, which my father was owner.

Now my married sister want share in that house. The property value is 50 lacs, she want 1/3 from it.

We don't have so much money to give her in cash. In case, if she go to court then we, have to sale property and give her share.

My mother is from my side.

Pls. advise.

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prabhakar singh (Expert) 08 April 2013
As it was owned by your father who died intestate without leaving any WILL,then on his death you all three own equally 1/3 each.

CA Ayush Agrawal (Expert) 08 April 2013
Yes, She will get in case of absence of will.

1/3rd is allowed as she fall under class -I.
1/3rd to your mother.
1/3rd for you. as per hindu succession law.

Vidhi Joshi (Expert) 08 April 2013
Agree with experts.

Adv k . mahesh (Expert) 08 April 2013
yes if she goes to court you have to sell the property and give her share
discuss with her that you will pay after some time selling a property not advisable

ajay sethi (Expert) 08 April 2013
it is better to give her a share . your sister has 1/3rd share .

and ask your mtoher to make a will

Devajyoti Barman (Expert) 08 April 2013
Make an amicable settlement and distribute your respective shares among yourselves.
That is the only way for long time peace.

Raj Kumar Makkad (Expert) 08 April 2013
Your sister is right in her approach. It shall be better to pacify her by providing some cash and get a relinquishment deed duly registered from her in your name.

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