• Share of Property

Dear Sir, 
After the passing away of our Mother in 1998 our Father re-married in 1999 in the Church. He was married for 14 years without any children from his second wife. He passed away in February 2013. Since there was no will prepared there was an agreement made between the 4 children and the second wife to divide the property in 5 equal parts. This agreement was signed in the presence of a lawyer of our step mother's choice along with 2 witnesses.

We now want to sell the property as per the agreement made however, our step mother is demanding a 1/3 share of the property. Kindly advise your legal opinion if she is entitled for 1/3 or is she even entitled for any share in other form from our Father.

Thank you
Juliana
Asked 7 years ago in Property Law
Religion: Christian

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4 Answers

1) since your father died intestate on his demise property would devolve on his wife and children

2) the agreement entered into between step mother and children would be binding

3) stepmother can claim one fith share in property as per said deed of family settlment

4) i do hope said deed of settlment is duly sstamped and regsitered

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Even without the agreement signed by you to divide the property in to 5 shares, the said property of your father, who died intestate, would have been legally divifed in to 5 shares amongst all his legal heirs.

2.Just file a partition suit after collecting the legal heir certificate from the local Tehshilder or counselor of local Municipal Corporation, praying for partition of your father's said property by appointing Court Commissioner.

3. The Court will divide the property in to five shares with metes and bounds amongst all the legal heirs after which you can deal with your individual share of the property in any way you desire.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Step mother can execute gift deed to transfer her share in property to her siblings during her lifetime

2) she can also bequeath her share by will to her siblings

3) church marriage is valid in eyes of law

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. She can deal with her undivided share of the said dwelling house in any way she feels like including gifting the same to her siblings,.

2. However, if she wants to sell her share to a third party out side the family, she has to preempt the sale i.e. first offer her said share to be sold to the other legal heirs first at the same price at which she has clinched the deal with the third party to sell her share of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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