• My mother and sisters share in our property

Dear experts,
My father and my uncle bought agricultural plot measuring 50.6 kattha in bihar in 1979. There is 5 different deeds for the same plot. One deed is of 10.6 katha registered jointly in my father and uncle name and the other 4 deed of 10 katha each is in my name, my brother name and my two cousins name respectively. We were minor at tht time. We all have different registration deeds and deed numbers but same plot no. and survey no. for the same plot. It is a joint property.My father passed away in 2012.
Q.1/ I have 3 sisters and my mother, can they get equal share as me and my brother in the property though it is in my brother and my name but was purchased by our father when we were minor.
Q.2/ My brother is married with 2 minor daughters, and he is not physically fit with very poor eye sight, recently one distant relative duped him and by fraud got his share of 10 katha registered in her name in our absence without paying him anything, but the deed registration no. mentioned is of my father's and uncle's deed for the same plot and not of my brother. So is my brother's share is still free ?
Q.3/ Can my brother's wife and daughters still get share in the property and how much ?
Q.4/ What is the position of my relative who did fraud on the land ? Can she claim any share.
Q.5/ What is our best options and worst scenerio ?
Plz help me.
Asked 3 years ago in Property Law from Chhapra, Bihar
Religion: Hindu
1. Your sister will inherit the equally the share left by your father and hence their share will be mush less than that of yours.
2. Yes, your bother still have share in other plots. This transaction is sham and illegal one and not binding upon you all.
3. They have no share in the property as long as your brother is alive.
4. She can not claim any share.
5. File a suit for paron to effectively declare your respective shares and separate possession.
Devajyoti Barman
Advocate, Kolkata
12530 Answers
161 Consultations

5.0 on 5.0

1. If your father passed away without a will then after his death all his children including daughters have an equal share in his share in the property. However, they have no share in your and your brother's share.

2. It seems that fraud has been played on your brother by his relative to have his land registered in her name as a gift. Your brother can challenge the gift deed on the basis that it has been executed by him after fraud was practiced on him. The court can set aside the deed as illegal and restore his share. As of now he has lost his share.

3. Your brother's wife and daughters can get a share in his property only after his lifetime.

4. Your relative has, after the execution of the deed in her favour, become the owner of the land which is the subject matter of the deed. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) mother and sisters will have share in property bought in your name and that of your brother . the property was bought for benefit of  family and you had no source of income at that time 

2) obtain copy of registration documents made in favour of distant relative .your brother will have to  move court for setting aside registration done on a account of fraud 

3) also file criminal complaint of cheating , criminal breach of trust against the relative 

4) contact a local lawyer . the documents signed by your brother have to be perused for further advice 
Ajay Sethi
Advocate, Mumbai
44297 Answers
2572 Consultations

5.0 on 5.0

Check the property is in minors name only. When the minors become major then legally they are the absolute owners of the property .In a joint property the survey no and plot no may same but the extent will different because the property purchased from large extent property. 

1.If you are the absolute owner of the property, your sisters or another person have no share in that property. 
2. If such type of foul play is happened file a case for declare the newly made document is null and void. 
3 your brother’s wife and daughters have share in their husband’s property. 
4. If any one of you is not challenging that document then she becomes the absolute owner of the property. 

If your father’s name is in your documents and your father passed away without a will then after his death all his children including daughters have an equal share in his share in the property 
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

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