Property division
MrGreato
(Querist) 13 November 2012
This query is : Resolved
We are 5 brothers.Our mother inherited(gift deed) 4 houses of unequal size/valuation.
Our father bought a house from his income.He also inherited farmlands from his father(our grand father).
Our eldest brother passed away, left behind is his wife -He has no chilldren.
We decided to divide our among ourselves the property.Though there are 5 houses one of them is a good commercial
property.We decided to settle our eldest sis-in-law with certain amount she agrees.This is still under negotiation.
The idea is to take one house each among the four brothers and divide the 5th house (commercial value) among all four.
Our mother is in sick bed and father is still alive.She has not written any will in the 5th house (commercial value)
Four brothers decided to go in for settlement and registration of four unequal properties with an understanding that the 5th one will be divided compensating for the differences in value of the four houses.The 5th house belongs to mother.With this understanding registration/settlement is completed for the four houses.Since the fifth house is generating good rent and the father is dependent on this we decided to divide this later.No written agreement in papers is taken.The four houses where settlement is finished, one of them is bought by the father and other 3 inherited by mother.
Issues are
1.If the sister-in-law moves to court what is she legally entitled to ?
2.The brothers are having a dispute on dividing the 5th house.Two of them who took the mother's houses are asking for equal shares in this 5th one quoting maintenance of the father.They claim father is also a shareholder. These 2 brothers have already taken the best valued individual houses.Can these brothers claim legally equal share of this 5th property alone since settlement is finished for the rest already.
Is the father eligible for equal share in the 5th house? if yes can he give it to anyone he wishes ??
3.Can the other 2 affected brothers who agreed to take smaller houses hoping for bigger cut in the 5th houses undo the previously signed settlement and go in for revision in division of all property put to gether
niranjan
(Expert) 13 November 2012
Since owners of properties are alive,you cannot divide the property without their consent.They are absolute owners not sharers. If they have agreed to family settlement and have signed the deed and also sis-in-law agreed and signed deed, and if the settlement is registered,not onlyshe but whoever disagrees with that regd.settlement deed will have to challenge the settlement deed in court.In presence of mother,father cannot take decision about his wife's absolute property.
V R SHROFF
(Expert) 14 November 2012
Agrees c Niranjan
