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Mageshwaran (IT Professional)     25 August 2014

Need your suggestion.

Hello All,
 
My father is no more with us. He earned (self acquired) a house in Chennai.

 
Below are my doubts
 
1) I wanted to buy that property by settling appropriate share of my 2 brother and 2 sister.
 
Will I get a loan for buying the house?


 
2) Are there any other legal complications in buying this property?


Looking forward to your response.

 

Thanks,
Mageswaran



Learning

 2 Replies

rosali (raipur)     25 August 2014

I have taken care of my mother since 24 yr after the death of my father .I have one elder sister and three younger sisters .finanacially I suffered a lot a support the family .Marriage of three sisters .medical cost of my mother upto 5 lakhs (4 yrs back) ....my three sister were not engaged any activity before marriage ...Its all these 24 yrs my wife supported me with hard work upto 15hr a day ....we some what stable with a small house of our own .

Its now my sisters are claiming for rights in the property of my father .they keep on saying my mother that never hand over to him alone ..we all sister need the share as during our childhood we did not get enough.All my sisters took away my from my home .saying that brother may force you to sign the property document.so dont stay with him

my mother too says that can you earn all rest of your life .my property is my for my daughters only .

it was too disappointing for me that how a mother say that . During hard times or financial crises son is ahead and during share you earn for your self .Daughters too state that we must fulfill mothers wish .when my mother went from my home , i stoppped all relations including sending her money every month which i have been doing for 24 years .Am right what i have done 

government does not look so deeply as why such old people suffer .inspite of all gods grace of son and grandkids . kindly guide me 

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

To Mageswaran,

                               AS per the Transfer of property laws the immovable property acquired by your father will be equally distributed in the Class I heirs, which are all his childeren born out of Legal wedlock. i.e., yu and your brothers and sisters. Now if your father died intestate, then you need to file along with your brother sisters and Mother if alive for a Letter of administration in your state high court. It is basically an order issued by the court stating after its findings that you are the legal heirs of the immovable property and also all other movable assets in the application need to be mentioned and that you can together dispose the property or if your brothers and sisters give you release deed then you can buy it from them.

However, if your father had made a will, and the above mentioned property was bequeathed in the will then it has to be distributed only as per what was mentioned in the will. Also, the Will needs to be probated. A probate is also an order of the court. a probated will will do your work. In this case yo u will need to apply for the succession certificate to the properties of your father,

Please note, you can buy the property after the above steps.

do rite back if any further queries


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