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Rakesh Mehra (Businessman)     22 May 2012

Claim - sibling's right on father's property

Dear Lawyers:

Can you please guide....

I have been a breadwinner from past fifteen years, though I have three brothers - one is mentally ill (unmarried), other one expired in 2005 (with a son) their income was almost nill for all those years. My father died without a WILL in year 2010. We have a land which was bought by my father before thirty years on my elder brother's name, as we planned constructing house on that land, when my father was still alive that property was registered as gift deed from my elder brother to me (married)  & my younger brother (married), as we have taken housing loan hence property was registered to sale deed.

After my second brother expired, my sister-in-law left our home, staying with her mother. We have given back amount of money after disposing his business. Now she claim property share.

In future, how this constructed property should be distrubuted among us? Especially my share & my sister-in-law.

Thanks.



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2012

If the house is in your name and in your deceased brother's joint name, your brother's wife has got 1/2 share in that house. 

1 Like

Rakesh Mehra (Businessman)     23 May 2012

Thanks Adv. Rajeev,

 

My deceased brother is not co-owner of that house, as far as I understood, my SIL cannot claim her share in that house as it is transferred on my name in the presence of my father.

 

Thanks.

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

If the records indicate that you are the only holder then she is not the co-owner. But it seems that there is a registered gift deed stating that the property was gifted to bith you and your brother. If it is so and if your brother's rights were not extinguished by another registered document even if his name is not on record, your SiL can lay a claim to the share.

S Jadhav

1 Like

Rakesh Mehra (Businessman)     23 May 2012

Thanks Adv. Jadhav,

Sorry I didn't understand, my way of questioning is not clear. Let me rephrase the question

Four brothers - A (mentally ill), B (expired), C (married), D (married)

After B has expired, while father was still alive - Property on A's name (father earned) initially gift deed then converted to sale deed on C &

What is the right of B's wife on property?

Thanks!

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

 

You have stated that there was a gift deed which was then converted to a sale deed from A to C & D. I am assuming these deeds are valid as A was competent to execute the deeds as on the date of execution (he is shown as mentally ill in your repsonse above).

Then C & D are both joint owners. Hence your brother also is the owner and after his death your sister in law will have a share in it.


If yiu had paid her some money in lieu of her share in the property then you should have a registered document stating the consideration given and that she has transferred her share in your name and received the consideration. Also this deed should take care of any minor children she may have had.

S Jadhav

Rakesh Mehra (Businessman)     23 May 2012

Thanks Adv.Jadhav,

As we C & D constructed house on land how to give my Sil's (wife of B) share.

Mahendra Vadia (+91 9825307466)     23 May 2012

Did you get any deed of renounciation when you handed her the share of your brother? If not, she has got 50% right in the property because it is registered in the joint names of your self and your deceased brother and she as a widow of the deceased would bequeth it.

Mahendra Vadia (+91 9825307466)     23 May 2012

Did you get any deed of renounciation when you handed her the amount of  your brother's share?

If not, she has got 50% right in the property because it is registered in the joint names of

your self and your deceased brother and she as a widow of the deceased would bequeth it.

You can't avoid it saying that it is your father's property. In the eye of law, it is yours property 

owned  jointly with your deceased brother.

S Jadhav 98336 98330 (Jadhav & Associates)     25 May 2012

Even if you have already constructed the house, you will have to give her a share. You may give it in money or otherwise (e.g. another property or house or a vehicle etc. of equivalent value that she agrees on).

But why don't you discuss with her that you have already given her a rightful share and make a release/renunciation deed or a quit claim. If you have good relations with her this should not be a problem.

S Jadhav

S Jadhav 98336 98330 (Jadhav & Associates)     25 May 2012

Even if you have already constructed the house, you will have to give her a share. You may give it in money or otherwise (e.g. another property or house or a vehicle etc. of equivalent value that she agrees on).

But why don't you discuss with her that you have already given her a rightful share and make a release/renunciation deed or a quit claim. If you have good relations with her this should not be a problem.

S Jadhav


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