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Can money be given to sister against her share in fathers property
10-Jul-2023 (In Property Law)
Hi,our father had willed his self acquired residential property to our mother and not willed other plots and died in 2008.our mother too died without will. We are 2 brothers and 1 elder sister who is happily married for 24 yrs and is self earning . as we know she has a equal share . My question are:1) can we bros give our full share in other plots to sister against our residential house value , as we and our parents were not interested in giving her share in residence though it was not written any were . Also how is partition done in house if my brother too is not cooperating and trying to put locks everywhere in common places etc .
1) can we bros give our full share in other plots to sister against our residential house value , as we and our parents were not interested in giving her share in residence though it was not written any were
Answer: Yes you can execute a Exchange Deed. Though she also has a claim on the residential property;
2) Also how is partition done in house if my brother too is not cooperating and trying to put locks everywhere in common places etc.
Answer: The you will have to file partition suit;
This is in further response to you:
1. You will first need to obtain succession certificate;
2. Then each one will get a 1/3rd share;
3. Therefore you personally can decide how to divide the property;
4. If there are disputes then send a legal notice to both of them;
5. Also, if other things fail then method of last resort is partition suit in the civil court.
Answer: Yes you can execute a Exchange Deed. Though she also has a claim on the residential property;
2) Also how is partition done in house if my brother too is not cooperating and trying to put locks everywhere in common places etc.
Answer: The you will have to file partition suit;
This is in further response to you:
1. You will first need to obtain succession certificate;
2. Then each one will get a 1/3rd share;
3. Therefore you personally can decide how to divide the property;
4. If there are disputes then send a legal notice to both of them;
5. Also, if other things fail then method of last resort is partition suit in the civil court.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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