Dear Sirs, This is a query of my friend who is from Bangalore, Karnataka.
His father had a property, which a small site with one floor house constructed on that site. My friend has one Elder Sister and one Younger sister and their family is 3 including him. Unfortunately his father passed away without making will, subsequently the property got registered in his mother’s name. After few years his mother too passed away without making WILL in any of her children. After Mother’s death, my friend got registered this property in his name (transfer of property from mother’s name to his, post death of his mother). Subsequently, he constructed one more floor by taking home loan and even now he repaying the home loan.
Now, his younger sister is claiming a share in the said property. Their father passed away before the marriage of younger sister, hence my friend took the responsibility of getting her marriage, all the wedding expenses were borne by him. The complete history is known to both sisters.
Queries are as under:
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Does both sisters have equal shares in their Father’s property?
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If yes, this being a single unit it cannot be made 3 portions, however a value of the house can be fixed. My friend might consider in settling it by giving each share to both of them.
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For fixing the value, whether 1 floor which was there at the time of father’s death should be considered OR the value of full building as on date which was constructed independently by my friend with loan.
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For fixing the value, whether Market Value will be considered or the Government value.
Please help.
Thankyou
Shashidhar A
