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How will parents property be divided amongst children
15-Dec-2023 (In Property Law)
We are three siblings, two brothers and one sister we are leaving in a joint family with parents... the house is in my mother's name... its a ground+2 floor independent house.... now my sister has taken the original house documents in her possession physically and insisting us to write one of the floor on her name.... she is threatening us to drag everyone to the court... my parents are ready to make a will in the name of all including her... but she is insisting on division... is she right on her part.... what are rights my mother hold till she is alive...? Can my sister misuse the documents? Hindu by religion... someone please guide ...
as per your statement your mother is absolute property to the property. So,she can dispose the property at her own will in any mode like sale,will,gift etc.mere possession of the documents with sister it doesn't create any right and further, she can't ask any partition. In case the property is a joint family property, you and your sister will treated as a coparsners, and eligible to demand for partition.
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As long as your mother alive she had full rights up on it mere having possession of documents with your sister she cannot use it for her own or can get whole rights if she writes will in favour all of you it is valid and ok
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Adv. P V Reddy
Vijayawada | 100+ Answers
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Hi,
As you said that the property is in the name of your mother and she is ready to get it portioned so no problem with the original documents which is in hold of your sister. You can take your mother to registration department get a partition deed or you can make a gift deed also. Call us through website for assistance
As you said that the property is in the name of your mother and she is ready to get it portioned so no problem with the original documents which is in hold of your sister. You can take your mother to registration department get a partition deed or you can make a gift deed also. Call us through website for assistance
Helpful?
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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