Daugthers rights on father property
sanjay jain
(Querist) 19 April 2013
This query is : Resolved
My wife and My father jointly sharing a co.op. housing society flat in Delhi on a GPA agreement dated 11/01/2005 .now my father death is happen in Aug 2006.
currently i am shifted in Mumbai and i want to sell it off and buy a house in Mumbai. i have two elder sisters ( which was married more then 20 years ) and my mother which was staying with me.
Now when i try to Mutation of this flat My mother and both the sister are asking for his share. My mother is also moved to My sister house and staying with her.
this is my only house.
Please advice me what i will do.
My complete family details are as follows:-
Father ( Dead )
Mother
My self ( Only Son)
My wife
My daughter
Sister 1 have two sons Child
Sister 2 have 2 Girls Child
ajay sethi
(Expert) 19 April 2013
in respect of your father 50%share all his legal heirs namely your mother , your sisters and you have equal share . you will have to give them their share
R.K Nanda
(Expert) 19 April 2013
agree with sethi.
sanjay jain
(Querist) 19 April 2013
Thanks for your reply.
one more thing in case i dont sell this flat and again go back to Delhi and staying in this flat, in that case can my sister is eligible for sharing or can they were able to ask partition in that property.
Anirudh
(Expert) 19 April 2013
It is not the question whether you sell the property or you want to live in the property. The question is whether your mother and sisters have any share in the said property or not. If they have a share, then they can demand it. If you want to retain the whole house (including the share of your father) then you have to give them the money's worth of their share. Assume the property is worth 1 crore. Then your father's share will be 50 lakhs. In that each one of you i.e. your mother, two sisters and you have equal share i.e. Rs. 12.5 L each. In case you want to retain the house and give money's worth to your sisters and mother, you have to give Rs. 37.5 lakhs to them.
Just by residing (and not selling) the house, you cannot avoid their claim.
Anirudh
(Expert) 19 April 2013
If the property is in GPA Agreement, better have the same registered without losing time. In case the person who has given the GPA dies, then you will not be able to get the same registered. It is also not clear whether the GPA in question is a Registered one or not.
sanjay jain
(Querist) 19 April 2013
Thanks, GPA is registered.
Raj Kumar Makkad
(Expert) 20 April 2013
Nothing to add more in the given replies.
prabhakar singh
(Expert) 20 April 2013
Agree with Mr.Anirudh.
But your thanks GPA is registered suggests you do not understood the advice.
the advice is that get a registered sale deed done on the basis of registered GPA
to cure the defect.
in this process you have chance to cure present dispute also visiting a good property lawyer.
Anirudh
(Expert) 22 April 2013
Dear Sanjay Jain,
As clearly pointed out by Mr. Prabhakar Singh, Unless you get the Sale Deed Registered (using the Registered GPA) when the person who gave the GPA is still alive, the title to the property will not be perfect. If you do not get the sale deed registered (by paying the requisite stamp duty and registration charges) and if the person who gave the GPA dies, then you will be in trouble as you cannot claim any ownership over the said property.
Advocate Ravinder
(Expert) 22 April 2013
The details are not proper. As the vendor is coop Housing Soceity, it might be a registered GPA cum Agreement only. Please check up whether the total consideration mentioned in the above deed has been paid by the purchasers i.e. your wife and your father. Because, unless the total consideration is paid, even by registered sale deed, you cannot transfer the rights.
Assuming that total consideration is paid, as one of the GPA Holder is expired, the GPA will be cancelled, To save from the problem, you have to create an agreement of sale of prior date i.e. before the death of your father on any of your close reliable person. If there is a clause in the GPA “either of the survivor” then there is no problem.
As this property is registered on both persons. 50% share will go to your wife and 50% share on your deceased father.
Your wife’s 50% share cannot be touched by any body as it is her exclusive property.
Regarding the 50% share of your father, if you are Hindus, the property will be distributed equally as follows (if there is no will deed). (50% should be divided by four parts)
(a)Your mother (wife of deceased)
(b)Yourself (son of deceased)
(c)Your sisters (daughters of deceased)
The rest are your personal problems, which are nothing to do with legal aspects.
Advocate Ravinder
(Expert) 22 April 2013
The details are not proper. As the vendor is coop Housing Soceity, it might be a registered GPA cum Agreement only. Please check up whether the total consideration mentioned in the above deed has been paid by the purchasers i.e. your wife and your father. Because, unless the total consideration is paid, even by registered sale deed, you cannot transfer the rights.
Assuming that total consideration is paid, as one of the GPA Holder is expired, the GPA will be cancelled, To save from the problem, you have to create an agreement of sale of prior date i.e. before the death of your father on any of your close reliable person. If there is a clause in the GPA “either of the survivor” then there is no problem.
As this property is registered on both persons. 50% share will go to your wife and 50% share on your deceased father.
Your wife’s 50% share cannot be touched by any body as it is her exclusive property.
Regarding the 50% share of your father, if you are Hindus, the property will be distributed equally as follows (if there is no will deed). (50% should be divided by four parts)
(a)Your mother (wife of deceased)
(b)Yourself (son of deceased)
(c)Your sisters (daughters of deceased)
The rest are your personal problems, which are nothing to do with legal aspects.
Advocate Ravinder
(Expert) 22 April 2013
The details are not proper. As the vendor is coop Housing Society, it might be a registered GPA cum Agreement only. Please check up whether the total consideration mentioned in the above deed has been paid by the purchasers i.e. your wife and your father. Because, unless the total consideration is paid, even by registered sale deed, you cannot transfer the rights.
Assuming that total consideration is paid, as one of the GPA Holder is expired, the GPA will be cancelled, To save from the problem, you have to create an agreement of sale of prior date i.e. before the death of your father on any of your close reliable person. If there is a clause in the GPA “either of the survivor” then there is no problem.
As this property is registered on both persons. 50% share will go to your wife and 50% share on your deceased father.
Your wife’s 50% share cannot be touched by any body as it is her exclusive property.
Regarding the 50% share of your father, if you are Hindus, the property will be distributed equally as follows (if there is no will deed)(50% should be divided by four parts 12.5 % each)
(a)Your mother (wife of deceased)
(b)Yourself (son of deceased)
(c)Your 1st sister (daughter of deceased)
(d)Your 2nd sister (daughter of deceased)
The rest are your personal problems, which are nothing to do with legal aspects.
sanjay jain
(Querist) 18 December 2014
if this matter is gone in court how much approx.time for decision as i were ready to pay there share but they are demanding to much.
also how court is took the property valuation. is its based on circle rate or some other way of valuation.
