Legal right

I feel X will have the Right on 7.5 cents and I am not sure about the Bank loan amount :-)

I feel X will have the Right on 7.5 cents and I am not sure about the Bank loan amount :-)

Before answering the query, clarify the following points:

One. What is your religion, Hindu, muslims or Christian etc.

Two. How you have purchased the property in 1990, i.e. by the help of self acquired properties or ancestral properties. Even your uncle C will also get some share of property

Three. How many heirs are their to A apart from D and X.

Four. What about mother of D, whether she is alive. If she is alive, she will also get her share.

First please answers the questions posted by learned Advocate Mr. Ravinder, you will get proper opinion after seeing your reply.

Thanks Mr.Ravinder for the inputs and interest in my Issue.

Q1 - I am a Hindu

Q2 - It is a self acquired property, my uncle "C" has no children and released all rights pertaining to this property to me in the Year 2006.

Q3 - A has only D and X as the children

Q4 - Mother of D and wife of A has expired in 1989

Kindly provide the possible solution, Thanks in advance

Regards

In the absence of any specific will, from fathers, the property rights will be with D, daughter cannot claim any share from it.

There is no specific will.

then forget it and carry on with life

Originally posted by : Adv.Raghavan
	then forget it and carry on with life

Mr.Raghavan, I didn't understand what you are saying. I have recently approached a bank for a loan to build a commercial complex. Legal advisor of that bank has requested to get a Legal right on the property i.e. the entire land belongs to me legally.

I am stopped here and no clue how to proceed further on this, as my sister is asking for a equal share on the property. 

in short   "our family was in deep financial trouble for over a period of time, I have cleared all the debts after my father passed away. then no one has come for a share "

my sister is almost to file a petition in the court as she approached an advocate recently, i feel she started legal procedure on this.

dear experts kindly suggest how to overcome this :-)

Originally posted by : Adv.Raghavan
	then forget it and carry on with life

Mr.Raghavan, I didn't understand what you are saying. I have recently approached a bank for a loan to build a commercial complex. Legal advisor of that bank has requested to get a Legal right on the property i.e. the entire land belongs to me legally.

I am stopped here and no clue how to proceed further on this, as my sister is asking for a equal share on the property. 

in short   "our family was in deep financial trouble for over a period of time, I have cleared all the debts after my father passed away. then no one has come for a share "

my sister is almost to file a petition in the court as she approached an advocate recently, i feel she started legal procedure on this.

dear experts kindly suggest how to overcome this :-)

I am expressing my advice based on the information provided by you on this site, i do not have the privilege to go through entire set of documents, which the other counsel had. Still i re-iterate , she does not have any share in the property, in the absence of any WILL or any documents  from your father, regarding his share in that joint property. 

Mr.Raghavan Thanks a ton, you have boosted my morale a lot.

but why is the bank asking for the Legal right of the property?

Since the property was purchased in the joint names of ABCD, all the four have equal rights in it.  Now D is legally entitled to 1/4th share in the property and he is the absolute owner of the same. About remaining portion of the property, since there are only two surviving legal heirs to B, his 1/4th share of the property will be equally divided between D and X.  Now D's share will be 1/4 + 1/2 of 1/4th share.  The balance of 1/2 share of the property which devolved upon A (which includes C's share relinquished to A), will be divided equally between D and X, so now D will be entitled  1/4th his original share, 1/2 of 1/4th share o B and 1/2 of 1/2 share of A and likewise X will be entitled to 1/2 of 1/4th share of B and 1/2 of 1/2 share of A in the property.  Since the loan on the property was cleared by d, he can claim 1/2share of the loan amount cleared by him from X on the basis of her claim for share in the property, however the act of D constructing a duplex building in the property without the consent of the co-sharer i.e., X is illegal hence at this juncture, it is always better to arrive at a compromise with X, negotiate the issue and settle the scores amicably so that the issues do not have to be dragged on for silly reasons which will result into loss only to you, think wisely.

Mr. Kalaiselvan thanks for the Update :-)

Sir, Sorry i need to correct this C (my uncle) has released legal right to me (D not A) in the year 2006.

its a Typo error, I apolozise for the inconvinience caused.

Regards