Father's property
Querist :
Anonymous
(Querist) 26 October 2015
This query is : Resolved
We are 2 brothers and 3 sisters now we are going to sale my died father's self earned property-house. 2 sisters has left their rights. One brother is missing from two years. Now how to devide our shears. Can sister who has not left her right demand share as equal as her brother's share means 50% share?
Anirudh
(Expert) 27 October 2015
1. When you say that 2 sisters have left their rights - it is not clear what do you mean. In what manner did they leave their rights? You have to clearly indicate.
2. You cannot ignore the missing brother's right as of now. According to you, he is missing only for the last 2 years. Even a Civil death of al person can be declared by the Courts of competent jurisdiction, only if a person has not been seen for 7 years and above.
3. The third sister's share will depend upon the answer that you give to point 1 above.
Querist :
Anonymous
(Querist) 27 October 2015
Thank you sir for prompt reply, Point no.1:two sisters out of three sisters left her share by signing 'Deed Of Release'.They do not wants their share from property. In this situation, sister who has not left her rights, can demand her share as equal as her brother's share means 50% share? or 5th part of share?
Point No 2: Already missing person has signed 'power of eterny' to third party person. In future missing brother can demand his rights?
Point No 3: Is it possible to sale property(house) by 'power of eterny' of missing brother.
Please guide us.
SAINATH DEVALLA
(Expert) 27 October 2015
No the third sister gets only her part of the share (1/5th) and she has nothing to do with the other sister's shares.U cannot touch the share of UR missing brother for a further period of 5 yrs.If he does not surface within that period UR shareholder sister can also claim 1/5th share out of the share of UR missing brother.Have the other sisters relinquished their share in favour of U through a registered deed,or else not valid,her children can stake a claim because it is grandfather's property for them.
alexander
(Expert) 27 October 2015
the two sisters have to specify in their Relinqushment deed as to in whose favour atey relinquishing their share.If it is not specifically mentioned in any legal heir then it comes in the 'general pool' and the shallbe equally divided amongst the remaining three aspirants equally
Anirudh
(Expert) 27 October 2015
Point no.1:two sisters out of three sisters left her share by signing 'Deed Of Release'.
Whether this deed of release was registered with the sub-Registrar's office or not?
They do not wants their share from property. In this situation, sister who has not left her rights, can demand her share as equal as her brother's share means 50% share? or 5th part of share?
(The answer to this query will depend upon your answer to the point raised by me above)
Point No 2: Already missing person has signed 'power of eterny' to third party person. In future missing brother can demand his rights?
Point No 3: Is it possible to sale property(house) by 'power of eterny' of missing brother.
(Point 2 and 3: It will depend upon the authority contained in the power of attorney and whether the said POA has been registered or not.)
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Anirudh.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
No reply to anonymous queries is the stand taken by most of the experts, I stand by the majority.
