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D.Dakshinamoorthy (Sr.Office Supdt.,)     03 January 2013

Equal rights to sister in our property

Sir Our Father was working at Central Government Textile Mill, On the basis of our father income our mother and father purchased A site. At Bangalore. Some agricultural land was also purchased in Tamil Nadu. Both the properties are in my mother’s name. I have got one older sister (now she is not alive ) and my Older Brother ( he is not alive ) At present, their family are there. But they are living separately. After the death of our father, my Mother constructed plot and it is consisting of Ground Floor, First Floor and third Floor having 15 Rooms. Totally four rooms were occupied by brother’s family and my sister’s family members. My sister had got married in the year 1964 and all marriage my Sister fully owned by parent. Previously, sister and her husband and their childrens were living separately apart from our house. My mother asked them to come to reside our house because of the Affection. On mutual understanding, some kind of her family expenses provided by our motherly the time. Our mother died in the year 1993. After death of our mother, I am collecting the rents from the Tenants of the building and maintaining everything in connection with local tax, electricity bill, water bill etc., My sister filed a case at Civil Court on me and my brother’s family and claiming that she has the power of equal partition of the building even though her marriage was took in the year 1964. Meanwhile, my sister dead. I was ordered by the Court the equal part ration should be provided to my brother’s family and my Sister’s family members. My question is that as per the provisions of Women’s Right Act in India whether my sister and family members will get equal rights to our parent property – it was purchased on our father’s income in the name of our mother as her marriage was held in the year 1964. Sir, I request you to kindly clarify the same and provide your suggestion to carryout the case further. Kindly let me know that is there any provision and what basis in which Court,I have to file an appeal for the same. Please reply, ( V.MURTH



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 2 Replies

Advocate Vishnu (Advocate)     03 January 2013

Dear Dakshinamoorthy,

Assuming your mother did not leave a will, I will explain to you the correct legal position.

Since the properties are in your mother's name, she is the absolute owner of the said properties.

The property which is on your mother's name will be divided into 3 equal parts.(1/3 your self, 1/3 elder sister and 1/3 older brother).

In the event of any of the legal heirs  not being alive, their families are entitled  to that share ,had they been alive. Ex: 1/3 share of your elder sister will go to her family and the other 1/3 share of your brother will go to his family.

The year of your sister's marriage has no significance in your case and hence the court is right in its decision that the property has to be equally partitioned amongst the siblings.Hence , even if you go for an appeal against the decision , you may not succeed.

Do let know if you have any further queries on this matter.

Akshay Sahni (Founder/Partner)     03 January 2013

Dear Sir,

We would be able to assist you through, for any more queries please visit firm's website www.indialawhelp.com

 

Regards

Akshay Sahni

Advocate

09891982832


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