Distribution of land
ARUMUGA PERUMAL PILLAI
(Querist) 26 August 2015
This query is : Resolved
Dear Sir,
we are 3 in my family(mother, me& sister)We have an land in my fathers name, since he was dead we(me & my mother) planned to take 3 equal share, but my sister is not accepting and she is telling that she needs the half of the land and not agreeing for 3 share she is agree for only 2 share, kindly advice if i & my mother go to the Register office for 3 equal share, whether my sisters presence is must or me and my ma can register by giving one share to her.
Anirudh
(Expert) 26 August 2015
Your sister's claim is wrong. Each one of you entitled for 1/3rd share only. Probably your sister thinks that being her brother, you would be getting 2/3 share as you are with your mother and ultimately you will be enjoying your mother's share also.
You need not now go to the Registrar's office. It will serve no purpose, so long as your sister is not ready to accept her 1/3rd share. Therefore, simply tell your sister, that as per law (which she can check up with any lawyer of her choice) the property left behind by your father has to be shared equally between your mother, your sister and you.
If she is not willing, then she can approach the Court. The court will give a ruling, that she is entitled to only 1/3rd share.
But handle it in a very nice manner to educate her (though she may not be ready to listen and may suspect you) by telling her husband etc., about the legal position. After all she is your sister and may be acting at the instance of somebody else (like her husband's family etc.).
ARUMUGA PERUMAL PILLAI
(Querist) 26 August 2015
Thanks sir for your advise, my mother is thinking of construct a house for her in another area , i also going under housing loan in another area, we are planning to sell my father land and we can use that money for our use. we need money but my sister is not willing to sell so we thought of dividing and give her share to her.since she is not willing what is the other way sir.
Anirudh
(Expert) 26 August 2015
In that case, you approach the Court for partition. Since you are already in possession of the property, the court fee payable will be quite less.
Make your mother and your sister defendants.
The Court will decide the matter quickly. Whether now or later, you have to approach the Court - for there will arise problem in allocating the particular portion of land to your sister. If you want to give portion 'A', she may say that she wants portion 'C' or 'B' etc. Therefore, you have to approach the Court. There is no other way.
All the bests.
Rajendra K Goyal
(Expert) 26 August 2015
You or your mother can sell your undivided share in the property to the extent if 1/3 each.
M/s. Y-not legal services
(Expert) 26 August 2015
rightly advised by mr.anirudh., i am agree with him.. apart from that,
mr.arumuga perumal pillai., just try to convince your sister through your family elders or relatives., try to settle this issue amicably.,
i hope you are from tamilnadu., mother may passed away after few years, but you have to maintain your good relationship with your sister. so try to settle.,
M/s. Y-not legal services
(Expert) 26 August 2015
what about your mother's stand.,
if she have another property mean she may relinquish her right over the property. it is just an advise only. not mandatory.
without your sister's presence you can not register any partition deed before any sub registrar office.
there is no fruitful result by settlement mean, you have no other option but to go for partition suit before the concern court of law.
ARUMUGA PERUMAL PILLAI
(Querist) 13 September 2015
Dear Sir,
I asked my sister for 1/3 dividend but she is not agreeing she need 1/2, my mother is telling that i have to withstand my own leg so 1/3 is ok, i dont know what to do, kindly advise sir.
