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Author Topic: Property Undivided  (Read 342 times)

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Offline manojkumarc

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Property Undivided
« on: April 28, 2016, 02:01:24 AM »
Hello,

This is a family of 1 brother and 3 sisters.  The property is still in the name of the Father, who is no more.  The Mother also has passed away.

My understanding is that this house would be equally divided among the 4 children.  The 2 sisters are ready to give it across to the last sister, but brother is not (influence of the sister-in-law).

1. Can the brother claim for the entire property ?
2. Since the 3 sisters have 3/4 of the property is there a way to influence.

Please do let me know.

Thank You

Offline advjaibansal

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Re: Property Undivided
« Reply #1 on: April 28, 2016, 04:32:15 AM »
Dear Sir,

Brother alone cannot claim the entire property. As per law of succession the property has to be decided in four parts and every legal heir has equal right in the property. The property can be either divided into meets and bounds or sold and then share the sale proceeds. For this one has to file a suit for partition to claim share in the property.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Property Undivided
« Reply #2 on: May 01, 2016, 03:50:39 AM »
1. Can the brother claim for the entire property ?
no....never

2. Since the 3 sisters have 3/4 of the property is there a way to influence.
File a partition suit and injunction
Regards,

Amarnath Sanyal
Advocate
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Mob - 09830303322

Offline rajgopal sripathi

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Re: Property Undivided
« Reply #3 on: May 02, 2016, 12:08:57 AM »
Hi
The house will be divided in to four parts.

Such of those sisters who are not interested in the property can then relinquish their shares in favour of the remaining sister/brother either for a consideration or for a gift.

There can be no influence of majority as the partition has to be effected first and then only the question of relinquishment/ settlement in favour of other sister arises.


Rajgopal Sripathi
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email:rajgopal@legalwin.in

 

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