division of parents property
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
my mother had property at two places. there is no will. we are 8 brothers and sisters. one property is occupied by sister and mother wanted to give it to her. now 6 of us agree to give NOC and one brother is saying that he will write in affidavit that sister will not transfer to her children. Can he do this?
2nd property is occupied by 2 brothers. My mother expired in Nov. 2000. Can I or my other brothers ask for rent share from occupent? Can we ask that we do not want that property should be occupied by any one?
G.Sundara Rajan
(Expert) 30 May 2011
No property can be conveyed in part, hence your brothers affidavit regarding property which all of you want to transfer in the name of your sister, would not be valid.
As far as the second property is concerend, it is a matter of understanding between all of you brothers as to whether it can occupied by one or more of you or not occupied at all, but given in rent. In case it is let out, all of you can have a share in the income accrued from such property. My suggestion however would be that all of you should come to a conclusion as to, in whose name the property shall stand (since your mother is no more). If all of you want a share in the property it should be mutated in the joint name of all of you, otherwise it can stand in any one of your name
