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property share among brothers / sister after father has died
17-Aug-2023 (In Property Law)
I am 75 year old. We are 4 brothers and 1 sister. One brother is absconding for last 25 years. Sister died 5 years back. But she has two sons. So my questions are:
1. Can the sons of my sister claim share in property?
2. What about the property share of the absconding brother?
3. Can we sale the property taking all the legal heirs in confidence?
4. How many divisions the property will have?
5. If my sister gave us legal right to mutate the property in the name of brothers, can the sons of my sisters still claim property share?
Thanks. Partha Halder
First of all, let me know, is it your father's property? If yes, then you alongwith your all siblings has the right title and interest over the property. first of all I suggest you to file a civil death declaration for your absconder brother. after getting decree of the same, your sister can gift her share in your favour. After that you can sell the property with your other legal heirs. But you have to mutate your names after execution of gift deed..
Thanks.
Thanks.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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Seems the property is ancestral.
1. Assuming that your sister died after your ancestor died intestate, the sons of the sisters are her Class I legal heirs, they are entitled to the share of their mother, so they can claim.
2. You shall have to file a case u/s 107, 108 of the Evidence Act for declaration of presumption of death for the untraceable brother. If the Court declares him dead, the living siblings only including you being Class II legal heirs, shall be the owners with respect to his share; remember, the sons of your sister won't inherit his share.
3. After the aforesaid declaration from Court as to presumption of the death of your brother, of course you can.
4. After the declaration aforesaid, all living brothers shall get 4/15th share each and the sister's sons shall get 1/10th share each.
5. Right for applying for mutation doesn't pass on ownership, hence it won't make any difference.
All the best. Thanks and regards
1. Assuming that your sister died after your ancestor died intestate, the sons of the sisters are her Class I legal heirs, they are entitled to the share of their mother, so they can claim.
2. You shall have to file a case u/s 107, 108 of the Evidence Act for declaration of presumption of death for the untraceable brother. If the Court declares him dead, the living siblings only including you being Class II legal heirs, shall be the owners with respect to his share; remember, the sons of your sister won't inherit his share.
3. After the aforesaid declaration from Court as to presumption of the death of your brother, of course you can.
4. After the declaration aforesaid, all living brothers shall get 4/15th share each and the sister's sons shall get 1/10th share each.
5. Right for applying for mutation doesn't pass on ownership, hence it won't make any difference.
All the best. Thanks and regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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your question is quite complex. I need to hear about the children or other legal heirs of your brothers and sisters, propert deed, and then advise you properly on the issue. So it would be better for you to get a phone consultation.
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Adv. Kaushick Banerjee
Kolkata | 25+ Answers
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