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alisha   05 September 2015

Property dividing issue

My father left 50% of his properties to my mother, 25% to my brother, and 25% to myself in his will (3 houses and 1 shop in total). None of the 4 properties can be sold if I do not consent for signing. It has been 3 years since my mother is telling me to sign but I was never interested in taking the property or money due to family conflicts with my mother and my mother's greedy nature earlier when my father was alive in the first place. Now three years down the line apparently I am in dire need of money as I want to go abroad for my Ph.D. and my doctorate course will start soon. So I have decided to sign and get my share of 25% and invest it wisely in my education. The problem here is that I do not trust my mother as she has done numerous illegal activities in the past and still continues to do so. Since I do not have any knowledge about these things I would like to ask two questions to you respected esteemed lawyers, kindly help :

 - My mother claims the properties can only be sold if I transfer all my share (25%) of the properties in her name first, and then when the properties are sold then I will get the money - Is this true?

 - Also, right now only one of the properties will be sold and I will get 25% share of the sold property, so do I have to consent, sign, and transfer my share entirely for all 4 properties as my mother is claiming, or do I give consent, sign, and transfer my share for just the one property which has to be sold currently?

Please help, I am desperate to get answers to these questions, and I have no legal knowledge.

A Student In Need Of Answers



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 September 2015

Mam,

 

See if you intend to release your share, make an understanding on the stamp papers properlly witnessed that you are giving up your 25% share as per the will and the sale proceeds of this property will be given to you.  Don't go orally right.

You have 25% of all the properties. So in a hurry to go abraod don't commit the mistake and release your 25% in all the properties.

I feel make a deal with her, tell your mother to value all the property and if the value comes out to be 4 Rs. Give u 1 Rs i.e. 25% of the 4 properties and free you from all this ... I feel that will make u and your mother more secure ...

 

Warm Regards

Kapil Chandna Advocate

9899011450

advocate.kapilc@gmail.com

saravanan s (legal advisor)     05 September 2015

act as per adv kumarji advice.never transfer your share of 25% over your mother hurriedly.alternately to claim 25% share of yours according to the will you can file a partition suit if they dont agree to the above methods which kumarji had stated.but getting your share through a partition suit will take time

Kumar Doab (FIN)     05 September 2015

In the gareement to sell it can be narrated that buyer shall pay as per % narrted by you to  each beneficiary as in WILL, and youn can sign on the agreement and retain a copy.

Register the agreement preferably.

At the time of registration you can collect your share and sign.


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