Distribution of ancestor property
padmanabha guptha
(Querist) 10 January 2014
This query is : Resolved
Sir,
I am aged 80. My mother demised twelve years back.
We four brothers divided my father's property during 1970.
During that time, one of the houses has been reserved for my mother. And ownership has been changed in her name.
As of now, two of my brothers are not alive.
She wanted to give that property to me and to my younger brother, who is alive.
She has not left any written Will in this regard as she was an illiterate.
This fact is known to all my brothers and their children.
Few of my brother children are ready to cooperate for transferring of subject asset to our name as per my mother wish.
Sir, I want to know, how to resolve this problem. Can transferring of asset, taking the persons cooperating for this as witness about my mother's wish is possible.
Anirudh
(Expert) 10 January 2014
Dear Mr. Padmanabha,
Unless all the children (not few) of your deceased brothers and their respective wives agree to relinquish their share, right, title and interest in the property in question and execute a Registered Relinquishment Deed, you will not be able to resolve this problem.
Adv. Chandrasekhar
(Expert) 10 January 2014
First I assume that you are four brothers and have no sisters. With that assumption I give the legal answer. The property of your mother is required to be devided into 4 equal proportions and you both surviving brothers will have one portion each and in respect of two remaining portions, the off-spring (both sons and daughters)and brothers' wives are entitled in equal shares. If all those sons and daughters of the deceased brothers along with their surviving wives give relinquishment deed, then only you both surviving brothers can get their share of property in your name. A family partition deed along with relinquishment deeds have to be compulsorily registered. If any one of the entitled heir is not inclined to relinquish his share, then you cannot get that share as your mother's will is not there to support her wish.
Rajendra K Goyal
(Expert) 10 January 2014
Agree with the advise of the experts, surviving legal heirs of the deceased brothers along with any other Legal heir (if any of your mother apart from four sons) have to give registered relinquishment deed.
malipeddi jaggarao
(Expert) 10 January 2014
In the absence of written Will, it is not a point whether other legal heirs know the wish of the deceased or not. If the person demises intestate, the property devolves on all the legal heirs as per their entitled shares irrespective of the wish of the deceased. Hence a family arrangement is required involving all the legal heirs.
