Property distribution
Querist :
Anonymous
(Querist) 31 October 2018
This query is : Resolved
We are 5 brothers and 2 sisters all are married my father is exprire wthout any will we already given 2 sisters share now we all 5 brothers willing sale a fathers flat which is already registered in my mother's name now this property is willing to among 5 brothers do not want to give shares to 2 sisters please advice for the same
Dr J C Vashista
(Expert) 01 November 2018
Anonymous author is not obliged by experts as per rule of this platform.
Kumar Doab
(Expert) 01 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 01 November 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
So 1st of all be clear that if Mother is title holder (owner) and is alive then succession for estate of mother has not opened.
Is mother alive?
If yes, why the property is mother's name is being called father's property in query?
Kumar Doab
(Expert) 01 November 2018
How the sister's share have been given?
Has the share been purchased by rest of legal heirs or disposed by sisters in the name of other legal heirs by a valid/registered deed e.g; sale/transfer/release/relinquish/settlement/gift deed etc as per prevailing rules/laws in the state?
If yes proceed to mutate the property in the name of other legal heirs.
Thereafter other legal heirs that have become owner can succeed to sell the said property.
Kumar Doab
(Expert) 01 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and resolve the matter and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
P. Venu 
(Expert) 09 November 2018
The sisters, though married, still have their rights vested in the property; so is the mother, if alive.
Kumar Doab
(Expert) 10 November 2018
If title is in your mother's name and she is alive then succession has not opened.
Mother can dispose the property by her free will in her life time in anyone's favor.
