Legal right


A - Father
B - Grand Father
C - Uncle
D - Heir (Son of A, Grandson of B)
 
X - Daughter of A, Sister of D
 
An Residential Plot (40Cents) is purchased mutually in the year 1990 by A,B,C & D. D is aged 21 at the time of purchase.
 
A & B has expired in 1999 & 97.
 
A has a son & daughter, B has 2 sons A & C
C has released his entire rights on this property to A in the year 2006.
 
now A's daughter is asking for a equal share(40/2 Cents) in the property.
 
Aside A has taken a bank loan on the property in the year 1993 for 3 Lacs, bank has sent a legal notice to D in the year 2010 for an auction. D settled the issue in the year 2011 with bank for 12 Lacs.
 
D has developed the property and constructed 2 Duplex houses in some space after 2011. D approached the bank for a loan to build a commercial complex, now bank is asking for a legal right on the property.
 
D offered 1/4 (10 Cents) of the property to X, X is asking for 1/2 (20 Cents).
 
A's Daughter is threatening to approach the court if she is not given the equal share.
 
 
Can someone clarify what is X's share in the property and bank loan which D has cleared in the year 2011.
 
Kindly please provide some solution, how to proceed further in this case.
 
I dont want to fight with my sister and want to know legal angel of this case before proceeding further ASAP!
 
 
Thanks in advance
Vincent
 
 
Reply   
 

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

 
Reply   
 



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

 
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Advocate/Attorney

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.

 
Reply   
 

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

 
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

 
Reply   
 
Advocate,9444674980

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

 
Reply   
 

There is no specific will.

 
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Advocate,9444674980

then forget it and carry on with life

 
Reply   
 

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 :-)

 
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