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Vikas Dharmendra (Consultant)     27 October 2009

Property Share Among Brother(Unsound Mind) and Sisters.

Dear Lawyes,

A person have three daughters(D1, D2, D3) and one son(S1) respectively. All daughter are elder than son and all are married. Father died without any will leaving his wife behind him and he was having ancestrla land as a property. S1 is unmarried and he delcared unsound by mind and he is not able to take care of property and he is not supposed to get marry in future also, and family is suspecting that anyone can do forgery with him and acquire his property as he has worthy property.

So all daughter also lookig their share in property, so that that can be devided equally among D1, D2, D3 and S1 and can be registerd in daughters name.

All three daughters have total of 7 childrens, D1 have 3 childrens(2 son and one daughter) and D2 have Two son, and D3 have 2 Son. 

Now my question is:

1) How these daughters will proceed to have theier name in property, property is in form of land in either way as s1 is ready for it or not ready for this(divide the property).

2)will this proprty is ancestral property for all the seven children of all daughters(D1,D2,D3), How this property will be devided in all 7 childrens.

3)Who is actual legal hier of the said prooerty after death of S1 and his mother.

4) how much effort is resquired to do that.

Please give actual solution of this problem and state the respective law.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     27 October 2009

So far as the 2nd and 3rd que is concerned,
2. No, this property is not ancestral for the 7 children of the daughters. The property which one inherits from a female is not ancestral. So, during the lifetime of their mother, they do not have any share in the property in their own capacity.
3. After the death of s1, his share will devolve upon his mother,if she is alive.  If she is not alive then, the share of s1 shall be divided among his 3 sisters.

1 Like

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     27 October 2009

I agree with Archanaji.

 

Adv. Biju Gopal

www.familylawyers.in

Vikas Dharmendra (Consultant)     27 October 2009

Buit this is accestral to the three daughters (D1,D2,D3) and it can not be  transferred to S1 only without their(S1,S2,S3) will.

there is a law that daughters has right in property; like  ancestral property and also their fathers property if he died without writing will. In this case if property is already transferred to S1 then can daughters claim there share. Father Died when all children(D1,D2,D3 and S1) were Minor.

and can S1 tranfer or divide his property to his sisters according to his will.

Tarun Kalra LL.M, M.B.A (advocate)     28 October 2009

i AGREE WITH MY FRIENDS

Vikas Dharmendra (Consultant)     28 October 2009

Can I get answer of my first question

Khaleel Ahmed (Legal Advisor)     13 December 2009

The subject of the property is purely ancestral. A suit for partition can be filed by any member of the family .


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