• Property transfer

In this time our total property has in the name  of My father and his 2 brother.
My father has 3 brother [2 married & 1 unmarried]  and 2 sister[ Both Married]. 
one unmarried brother and also my father died 3 years ago.
I am the only son of my father and my uncle has one son.
Now we are decided our total property transfer equally to uncle son and myself.

There four the question is the unmarried brother of my father property claimed  2 married sister of my father?
Asked 11 months ago in Property Law from hooghly, West Bengal
Religion: Hindu
1) How did property devolve on your father and his 2 brothers? 

2) what is the source of funds for purchase of the property ?please clarify 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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on  demise of un married brother his property would devolve on his surviving sisters and brothers 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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1. The sisters of your deceased unmarried uncle are Class II (II) heirs of his properties whereas brother's sons are class II (IV) heirs of the said properties,

2. So, the two unmarried sisters of your father will have first right on the share of the properties of your father's deceased unmarried brother.
Krishna Kishore Ganguly
Advocate, Kolkata
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234 Consultations
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Your father's unmarried brother's share of the property will be owned by his sisters as explained in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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There four the question is the unmarried brother of my father property claimed  2 married sister of my father?
You have stated that this property was in the joint names of your father and his two brothers.
Whether married or not all the brothers had equal shares in the joint property, therefore the share of the unmarried brother cannot  extinguish along with his death. His intestate share in the property shall devolve on his legal heirs, in the absence of class I legal heirs, it will go the hands of class II surviving heirs.  
Your unmarried uncle's intestate share of property shall devolve on his sisters who survive him as his class II legal heirs, therefore they are entitled to his share of property.  
You may arrange for a compromised settlement with them and get a registered release deed from them relinquishing their rights in the property which would enable you to acquire their share of properties too. 
T Kalaiselvan
Advocate, Vellore
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I am not able to understand your question. If the property is registered in favour of your father and his 2 brothers then they can gift or bequeath their respective shares to any one they desire. The unmarried brother cannot claim a share in the properties which are registered separately in favour of his sisters.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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