Hi, Myself 37 Years Male and I have 39 Years old brother, 45 old sister and 60 Years old Mother. My father expired when I was 10 years old. As of now, we have inherited agriculture land of around 10 Acres which is inherieted from father lineage, my grandfather purchased property. RTC documents has My Name and My Brother Name and My mother name. I have few questions on above mentioned property: - My mother has complete right to make a will deed ? - My sister name not there in property documents, still she has right to claim her equal share ? Anyhow we are already agreed to give her 20% of the property. - My brother is saying, he will sell the property without my signature, is that possible ? Literally my mother is being tortured by brother, physically and mentally, because of my brother is not working and wants to have money after selling the said property. Please provide the genuine suggestions.
1. She will have right over 1/4 share of the property
2. She can still claim the share in the property as per the Hindu Succession Act
3. She can not sell the property without a partition deed. If you are not agreeing then he can not obtain the partition deed without your consent from the court.
Regards
Mother can execute will for her one fourth share in property
2) sister has equal share in property
3) mother should file suit for partition for division of property by metes and bounds
4) seek injunction restraining sale of property by your brother
Dear Sir,
First of all after the death of your father,his property was liable to b e divided in equal shares to all class I legal heirs and your Mother could not have become "owner" .She would have inherited only one share along with her sons and daughters.
As she was not the owner of the whole of the property, she could have made the Will in respect the share of the property inherited by her and not of whole of the property. You can claim partition of the property and in the same suit,challenge the Will as well.
1. As the property is inherited one than to her share only.
2. Why not 25%, give her 25%.
3. He can't sell till the division of the property either by the court or by the family settlement, so in my opinion first go for a family settlement, which will decide that which of the part of the property belongs to members of the family, then go ahead, this thing tell to your brother also. Otherwise sale deed shall be void abinitio.
He is simply moving towards the reduction of the cost of the property because when he will sale the property to anyone all other members of the family has right to challenge the same and then the property shall be declared sub judice one and shall attract the less price.
No he can't sell the property without your consent he will need your noc or registered relinquishment deed for the same
No, only up to her share i.e. 1/4th.
You can sell your share, mother share and sister share. Let him enjoy his share or can file partition suit to demand exclusive right and possession of your share and prohibition against brother , not to interfere in your peaceful possession.
See can make will for her share only.
Your sister has equal share over the property though it may be not in RTC but she has right and she can claim partition of property.
Brother can sale his undivided share of property without your signature.
Mother can file for partition of the property and can seek stay pending partition the court shall divide property equally in all legal heirs.
After the death of father , hi legal heirs become the absolute owners of his properties . You, brother, sister and mother have equal right over the property . For getting each persons share separately ,execute a partition deed .At present any persons can sell their undivided share to any one. But only after the partition the shares can be enjoyed themselves. Other wise whole property considered as joint .
Your mother can execute a will as own her share in the property.
Your sister has equal share over the property.
Your mother can seek protection from the threat of your brother under DV act.
Dear Sir,
Your brother cannot sell but some people will purchase for half rate. So get stay order and get it entered in Encumbrance Register and column No.11 of RTC. Then no sale transaction can be made.
1. Since this was ancestral property of you father it is inherited by sons and widow alone and not the daughters making your mother undivided 1/3rd share in the property.
2. So your mother can bequeath her 1/3rd share in favour of anyone she so chooses.
3. Each of the co sharers can also sell his undivided share in the joint property.
Without consent of legal heirs your brother cannot sell entire property.all legal heirs consent required.
Your brother can sell his undivided share only.
Since this property devolved on your father and he is reported to have died intestate, the property shall automatically devolve equally on all his legal heirs i.e., you, and yor siblings and your mother.
Therefore everyone will be entitled to 25% share in the property.
Your mother can bequeath her share of property by a Will in favor of anyone of her choice.
Your brother cannot sell the entire property without others consent and others jointly executing the sale deed.
Your sister is also entitled to 25% share in the property even though her name is not appearing in the RTC.
RTC is not a title document, since she is entitled to 25% share in the property as per law, she need not bother about the her name appearing in the RTC or not.
If your brother is not cooperating then you may partition the proeprty among yourselves and give away his share in the property by a registered partition deed so that he can be separated from this.
Dear sir
If your mother is bieng tortoured than you should file a police complaint regarding this.
-My mother has complete right to make a will deed ?
No she cannot make a bequest of entire property. She can only make a bequest of her share in the property- My sister name not there in property documents, still she has right to claim her equal share ? Anyhow we are already agreed to give her 20% of the property.
Yes, sister is a legal heir and has a claim in the property
- My brother is saying, he will sell the property without my signature, is that possible ?
not possible. He will not find any buyers who would be willing to buy without NOC of other legal heirs
