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RAJKUMAR (CCC)     12 November 2011

Right of father's property

Dear Sir / Madam,

My father had purchased a site and constructed a house in a city of karnataka. We are two brothers and one sister. My father is no more and the property is now in my mother's name. My mother, me and my brother jointly applied for a housing loan to alter ground floor and build first floor. About 50% of loan is paid by rent of ground floor; 35% by me and 15 % by my brother. I have two sons. My brother has one daugter. My sister has one son and one daughter - all minors. My questions are:-

(a) What is the property rights to myself & my brother if my sister doesn't want a share in the property?

(b) What is the property rights to above mentioned minors of our family?

(c) If I want to own first floor and give the ownership of ground floor to my brother, and my mother is willing for the same, What is the best way of legally acquiring the said ownership?

Please advice.



Learning

 3 Replies

anuradha goyal (member)     12 November 2011

both you ,you mother and your brother has equal rights if your sister doesn't claim any share from this property

your sons will inherit your share & daughter will inherit his father's share. mother can will her share to anyone or to both of you.

Since the house is inyour mother's name .She can transfer the respective floors to both of you by applying in the estate office.

1 Like

Advocate Vishnu (Advocate)     13 November 2011

Dear Rajkumar,

How did your mother get the property on her name..?

If the property is bought on your mother's name then you can take anuradha goyal's suggestion if other wise then the property will devolve on your mother,sister,brother and yourself.

If your sister does not want a share , you must get a release deed from her, so that it does not create any problems in future.

raj kumar ji (LAW STUDENT )     16 November 2011

YA IF UR FATHER PURCHASE A PROPERTY IN HIS NAME THEN PROPERTY IS DIVIDED IN HIS WIFE ,SONS,SISTERS  ALL GET EQUAL SHARE OF THAT PROPERTY IF THE SISTER CAN NOT TAKE ANY SHARE OF THAT PLZ TAKE RELINQUISH DEED FROM UR SISTER .


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