Division of property between siblings as per HIndu Law

My father have two brothers, including my father three . We have commen living home & this home legally registered above three brothers equally. Also above three brothers have two sisters in that one is dead before three years and above three brothers father's have dead before 14 years. Now only 4 are available all are married. Now issue is that above three brothers smallest brother sending notice to first two brothers for add forth sister name in living home property, this forth sister have own house and land property in her husband. First two brothers saying she is married and she have owned property in her husband home, she is no need two give our home. Actually last brother has planning add her name in home property & after that he will transfer to his name Please give the solution on above

Answers (2)

1. You will have to show the property documents to a lawyer to advise you further on this;
2. Is there is any Will or other deeds executed in the past? If there are, then it could create problems for everybody;
3. The fact that you add her name in the first place makes her a joint co-owner and if you later want to transfer the name then it could create legal problems in the future, because she may not want to transfer it back to the last brother;
4. You all can sit together and sort it out amongst yourselves;
5. Since she is married, her claim on that part of the property is also waived off;
6. If the problem is not getting solved then you can approach the court or appoint a mediator to settle the matter.

Advocate Gowaal Padavi

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Hiranandani Gardens, Powai, Mumbai

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Dear Querist, succession laws depends upon religion what you practice. I am presuming that you are practising Hindu Religion. If not let us know the advice would differ.

First, Please confirm whether name of your father and all uncles is entered on property card or 7/12 extracts?? if yes, then your anuty (Bua) has now no right in the property, unless she gets some court order with regard to same.

And if name of Your grandfather appears in the revenue records and now if you are adding name of your father and uncles, in that case, your Father's Sister will have an equal right in the property.

Please feel free to call us for any further queries.

Regards,
Rakesh V. Misar

Advocate Rakesh Misar

4.4| 5+ ratings

L. T. Marg, Mumbai

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