Father's self acquired property and shares
Madansingh Shekhaawat
(Querist) 21 November 2016
This query is : Resolved
We are four brothers and two sisters (only heirs). Both sisters are married, one in 1970 and other in 1983. Our father has expired in 1985 and mother in 1993 (both intestate) leaving an independent building in Thane (his self acquired) in which two tenants and we four brothers are staying. After father's death, our mother's name was added in property card. After mother's demise, our four brother’s names were put on property card. Since then we brothers are looking and maintaining the property without input from sisters. In addition, until now, our four brother’s names are continuing on property card and sisters never demanded their names in property card. However, looking at the current property prices boom, in Jan 2016 our sisters, without informing us, have applied with city survey office to cancel our names/entries from property card and sought inclusion of their names in property card with our names.
Do sisters have their right to ask share in our father’s property?
If yes, and if they are stubborn on their demand, can we demand their equal share of charges that we have spent on protecting and maintaining the property until now and in future if required?
Rajendra K Goyal
(Expert) 21 November 2016
All sons and daughters have share in the property. Your sisters can demand.
You want to be compensated the spending in maintaining the property, sisters can ask compensation for using their share by brothers.
Try to have amicable settlement.
Kumar Doab
(Expert) 21 November 2016
The title of your query is 'Father's self acquired property and shares'
Probably here you are referring to equity shares! Confirm.
The query is only for property.
It is believed that you are Hindu.
You have stated property is self acquired.
The succession opens on date of death.
The property devolves upon ClassI legal heirs of Hindu male....................i.e. Mother,wife,sons,daughters...........
Your mother's (Hindu Female): The share shall devolves upon her sons and daughters.
Kumar Doab
(Expert) 21 November 2016
If equity shares are involved then you can pick up relevant points from another thread at:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
Sankaranarayanan
(Expert) 21 November 2016
Nothing more to be added. Well suggestion given by the experts
Rajendra K Goyal
(Expert) 26 November 2016
You can visit the link provided by the expert.
