Wanted to divide property of father between the family members
20-Oct-2023 (In Property Law)
We want to divide the property of my father ,who died long before. We are 5 girls and 2 boys. My mother died one year before. Understand that my brothers had registered the concern letter from my mother,that the property for her to them, as she had to given them money. Is this possible for them to do like this before the partition .the property is still in my father's name. We are Hindu thiyya caste
21/10/2017
Your query does not reveal the following important information:
1. The place where the property is situated.
2. Contents of the letter which your mother has given to her sons. (Whether it is a ‘Will’ or not.)
If it is a ‘Will’ executed by your mother, at the most she can give to her sons is limited to her share of her deceased husband’s (i.e. your father’s) property. Your mother, your two brothers and you five girls have equal share in your father’s property. So even if your mother has executed a ‘Will’ as above, the share of you five girls will not go to your brothers.
The solution is to file a partition suit before the appropriate court in your place.
Your query does not reveal the following important information:
1. The place where the property is situated.
2. Contents of the letter which your mother has given to her sons. (Whether it is a ‘Will’ or not.)
If it is a ‘Will’ executed by your mother, at the most she can give to her sons is limited to her share of her deceased husband’s (i.e. your father’s) property. Your mother, your two brothers and you five girls have equal share in your father’s property. So even if your mother has executed a ‘Will’ as above, the share of you five girls will not go to your brothers.
The solution is to file a partition suit before the appropriate court in your place.
If the father is the owner of property then after the death of father his legal heirs become the absolute owners of property. 5 boys + 2 girls have equal right along mother . So each has 1/8 share. Before the death of mother she can transfer her share 1/8 to boy as per her wish ,but done with a registered deed only.
You may file partition deed for getting your share and file for getting the share as 1/7 .No need to disclose the share of mother transfer to boys.
You may file partition deed for getting your share and file for getting the share as 1/7 .No need to disclose the share of mother transfer to boys.
The property is jointly vested with the the legal heirs, ie. the children. The property could be settled through a registered partition deed. It is a moot question whether the alleged letter of your late mother constitute a WILL. No definite suggestion is possible unless the document is seen.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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