my father died without any will. My father has a wife , eldest son, four daughters. Iam the 4th daughter. my father has a self acquired house of 80 sq.yards .My mother is staying with me. All the three sisters sold their share in the house to me with some monetary benefits as iam looking after my mother except my eldest brother. He neither looking after my mother nor willing to give me his share in the house. the house is in the name of my father. now I got
registered of three sister's share in the house by mentioning 3/6th UNDIVIDED share by SALE DEED in registrar office by paying some money to three sisters without my brother's consent..
my question is that
1.is the sale deed valid of their shares even the house is in my father's name. Does my brother can file case that the sale deed is not valid without my consent.
2. my mother want to gift me her 1/6 share also. if I get gift deed registered does it valid now as we did not file any suit in the court.
PEASE suggest how to get title of 5/6share in the house.
It appears that you have adequate planning and in advance secured the co-sharers share in your name. As your father is intestate (deceased-without a will), your mother and all his children have an equal share in his property (both self-acquired and ancestor).
Your brother is entitled to a share. If you are looking after your mother, you may get her share as a gift or sale and you can not also get entire rights on the property. Your brother is having a share and he is entitled to it, and whether he looks after your mother is not relevant as your mother is having a property in her name and all children secured property in same proportion.
Contact a local advocate and show such sale deed or relinquishment deeds to him, he will study and advise -as you have done all this with precise planning but you can not deny his share. If your brother argues that it is an ancestral property then the date of death of your father is important. Unless the version of your brother is on record, it is difficult to advice on hearing your version alone.
