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Property dispute over sharing the property after Father's demise
21-May-2023 (In Property Law)
Dear Sir, My father has a property in Pune (Flat). As per the sale deed three names is men tioned that is my father name, my mother's name and my brothers name. My father expired on Nov 2015 My father made a will saying it will be divided in four parts. i.e my mother and three brothers My brother claming that 1/3 is his share plus 1/4 share from my fathers share Will i get 1/4 share of the property or 1/12 share? Also he is planning to take my mothers share. For your info this property is earned by my father not by my brother or my mother. Is section 45 is applicable to this case. If so what is this section 45?
Section 45 of TOPA deals with Joint transfer for consideration.—Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.
In your case the property was registered in 3 names. So your father''s will can be bequeathed to the extent of his share in that property. Your mother''s share will devolve on her legal heirs after her demise in which your brother will have a share unless he is disentitled. Your brother is the rightful owner of his share as of now.
In your case the property was registered in 3 names. So your father''s will can be bequeathed to the extent of his share in that property. Your mother''s share will devolve on her legal heirs after her demise in which your brother will have a share unless he is disentitled. Your brother is the rightful owner of his share as of now.
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Adv. Pipli Datta
Mumbai | 100+ Answers
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