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Property settlement after father's demise

(Querist) 30 April 2012 This query is : Resolved 
after my father's demise my brother has made my mother sign an agreement regarding the shop which belonged solely to my father.
it says that he will be 50% stake holder his wife will be 40% and my mother will be 10%.
1. after the demise don't i become an automatic shareholder?
2. to transfer in this way on their names do i not have to sign? does this mean that he has forged my signatures.
M/s. Y-not legal services (Expert) 30 April 2012
dear amrita., just provide some details about your case.,

1] its your father's self acquired or ancestral property?

if its self acquired mean., any WILL over the property?

amrita sharma (Querist) 30 April 2012
he passed away without a will. the shop was self acquired
Deepak Nair (Expert) 30 April 2012
After your father's demise, your mother, brother and yourself has got equal share on your father's property. That means you are eligible for 1/3 share on the property.
The arrangement made by your brother as stated above is illegal and void as the said property cannot be disposed off or transfered without your consent.
amrita sharma (Querist) 30 April 2012
does that mean that he has forged my signatures to transfer in this manner?
Nadeem Qureshi (Expert) 30 April 2012
may be, aaccording to your query it can be.
you should check the signature before concerned authorities. I agree with Mr. deepak.
feel free to call
ajay sethi (Expert) 30 April 2012
agree with deepak nair . unless you have signed deed of relinquishment your brother cannot ride roughshod over your rights onthe shop as your father died intestate
M/s. Y-not legal services (Expert) 30 April 2012
yes., even thats self acquired and there is no will mean all of you are having equal shares.. [you+mother+brother]

amrita sharma (Querist) 30 April 2012
thank you all for your valuable time.
also there is another shop for which my brother and father were joint owners?as my brother is still alive do i still have a right on the 50% of my fathers part of the shop. now will that be also be divided equally among me, my mother and my brother or does that automatically go to my brother as he was the joint owner?
Anirudh (Expert) 30 April 2012
Dear Amrita,

Yes. You are right. You have 1/3rd right over the 50% share of your property in the second shop which you are referring to.

MohammedRaffiq Bijapur (Expert) 30 April 2012
Hello Amrita
Deepak nair has elaborately explained how the division take places after ur father demise to inherit his estate to the extent of his share only. no matter the no of properties are left.
Shonee Kapoor (Expert) 02 May 2012
Unless you have signed deed of relinquishment, you have 1/3rd share and you can get the same.


Shonee Kapoor
amrita sharma (Querist) 02 May 2012
dear all

on your previous advice i am registering my name as a legal heir in the local nagar nigam.on our plot 6 flats are getting constructed out of which 4 will be sold and as my fathers last wish one will be for my mother and me and second will be for my brother. they are in the process of getting constructed.apart from this there are 2 shops and his stake was 50% in each
what are the benefits of enrolling my name as legal heir? how will it help?

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