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Harsha Vardhana R (Project Manager)     30 December 2013

Single house partition - complex issue

Dear experts,

Let me specify the situation of our property and family conditions.

Property - A house in the name our deceased mother  (transferred to her after the death of our father). So it is INHERITED.

Family - we are 3 siblings - 2 brothers and 1 sister. Both brothers are unmarried and sister is married (long back).
We are under Hindu inheritance law.

My mother expired without making any WILL.


Issue -  the eldest son is classified as seriously mentally afflicted (paranoid schizophrenia) for a long time. I am bearing all the expenses of his rehabilitation, medication etc. He is aged 56 and doctors have given very little hopes of his recovery as a normal and logical thinking person. So I am in the process of getting the family pension extended to him and myself acquiring the role of his guardian as per laws. Guardian certificate is needed for government to transfer family-pension etc.

Now, my queries

1) According to the law, my sister is eligible for 1/3rd share. She got married long back (1975). Now she is getting her family pension after the demise of her husband and living independently. Does her date of marriage/assured-pension make any difference for eligibility (proportion etc)?

2) Again my elder brother is eligible for 1/3rd. As he is classified as mentally unstable, what would happen to his share after his death? He is unmarried. As I would be his legal guardian, would I get entire rights of my brother's part? What would be my sister's eligibility?

3) Since I was the main financial care-taker of my parents home needs/treatment during final phase of their lives, does it give any special privileges to me? My father and mother earned their pension/family-pension but I had to bear all other extra requirements.

4) I am bearing all the expenses of my brother's treatment (he has been continuously placed in a rehabilitation center after mother's death).  Also I would be his legal guardian for treatment, pension etc. Does that give any special privilege in brother's proportion after his expiry?

5) My sister has 4 daughter (3 married as of now). Will their (daughters of my sister) concurrence (through signatures) be required for sale/transfer of my sister's proportion to myself? 

6) I believe that I can make a WILL for my proportion (still unclear) now itself (I am aged 36)?

I intend to settle the issue amicably as soon as possible with the goodwill of all.

Please advise.

Regards,
Harsha
 



Learning

 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     30 December 2013

Dear Harsha,

AS your house shall be equally divide in three shares , one each. Whereas your brother is Concerned after his death his share  shall be between you and your sister. Your sister daughters are concerned through your sister they shall get their share. If your sister passes away with untimely death than her share shall be equally divided in all her daughters.

Regards,

Adv. NIKHIL SETH

Mumbai  

1 Like

Harsha Vardhana R (Project Manager)     30 December 2013

Thank you Sir, for your clarification. I am grateful for the same.

 

Regards,

Harsha

 


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