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MM ( )     10 September 2012

Can individual property be divided under family law ??


My father died 4 years ago …Leaving behind a shop & 3 houses which was under Pagadi system in Mumbai ( Still Paying rental of that house ) . We are 3 brothers ( A, B & C ) & my mother is still alive . All the properties had been transferred in the name of my mother .

However 3 years after the death of my father , my younger brother ( C ) also died , survived by his wife . Now  when my father was alive during that time me (B ) & my brother (A ) had bought independent flats with our own resouceces & flats are registered in individual names ( A , B ) .

As being understood , only the parental property can be divided , but is there any  law through which Mrs. C can lay claim on the flats which are bought & registered under our own names ..


Request an detailed expert opinion !!


 2 Replies

kvss.prabhakar rao (Advocate )     10 September 2012

Your mother will be share holder of your deceased brother property. Your father being class-ii hier he cannot entiitle to get share of  deceased son. So far as conserned to your father property  already all property of your father has beeen transfered to your mother name. so your querry is not clear in this regad. Trnasfer means gift or  alination by sale. any how your mother alone entitie to get property

Tripti Nagwekar (Owner)     11 September 2012

Yes Mrs. c, the widow of your deceased brother C can claim your property i.e. a and b if you fail to prove that new flats have been purchased by a and b out of a and b 's own money and not from father and mother money. 

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