Legal heir
Querist :
Anonymous
(Querist) 03 August 2018
This query is : Resolved
My brother has expired during 1993. he is unmarried. before his death my mother has expired during 1991. my father has expired during 2000. A property was purchased on my name and my brother's name jointly together by my parents during 1980 when we were minors. I have two elder sisters. The property was registered at parasalai sub registrar office while it was purchased. but the land it is kanniyakumari district, tamilnadu. later in 2016 my self have paid the remaining registration fee to tamilnadu govt. and registered at our registrar office and made patta on my name. now my sisters are claiming the share of my brother. how much share goes to my sisters and howmuch comes to me on my brothers share. If want to sell the property of the share on my name can I sell it as it is common property for me& my brother. If my sisters does not give permission to sell the land can I sell it. They are giving continuous trouble for me.
Kishor Mehta
(Expert) 03 August 2018
You and your sisters are considered equal partners in the properties of your deceased brother.
R.Ramachandran
(Expert) 03 August 2018
Since your unmarried brother expired in the year 1993, and your father was alive, the share of your deceased brother in the property will devolve on your father who was alive at that time.
Subsequently, when your father died in the year 2000, the 50% share in the property will devolve on Class-I heirs of your father - i.e. his Sons and daughters.
You say now you are the only son, while you have two elder sisters.
Therefore, the 50% share in the property will be divided equally between you and your two sisters - each one getting 1/3rd share.
You will get your 50%+1/3rd of 50%, while each of your sisters will get 1/3rd of 50%.
Without proper partition, and determining which portion (with clear demarcation of size, east -west boundaries etc.) falls to whom, you will not be able to sell the property.
Therefore, tell your sisters that you are ready to accept their demand and ready to give their share which is 1/3rd of 50% in the property. Get their consent to sell the property as a whole and then to share the sale proceeds in the ratio mentioned. If they agree to the proposal, nothing like that. All the three of you have to sign the Sale Deed.
Kumar Doab
(Expert) 03 August 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
Or legal heirs may jointly sell the property.
Apparently, you did not submit legal heir certificate or correct legal heir certificate.
The facts may give another opportunity to your sisters to press charges upon you.
Kumar Doab
(Expert) 03 August 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
This applies in your matter as well.
If buyer goes for proper legal opinion he/she may backtrack or may sue you later if any stake is made by legal heirs of your brother/father..
Kumar Doab
(Expert) 03 August 2018
Which personal law applies in your case?
Are you all Hindu?
Confirm!
Assuming that you are hindu;
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
Since mother died before unmarried son ( your brother) therefore there was NO classI legal heir present, hence classII legal shall come into picture..
Father was alive as on date of unmarried son ( your brother) therefore being sole legal heir in CategoryI i.e. earlier category, he excludes heirs in later category say; CategoryII.
Brother and sister fall in category II.
The property that devolves by inheritance is of nature self acquired.
Father expired afterwards in year 2000 as per your post.
As already explained above his ClassI legal heirs have equal share.
Since he left your sisters and you as surviving legal heirs..you and your sister shall share equally.
Kumar Doab
(Expert) 03 August 2018
Try to settle the matter amicably.
Your sisters may agree to pay you the stamp duty, fee charges etc that are paid by you.
They may also agree for deeds like; registered family settlement, which can rule out future litigation.
For your satisfaction; You may approach in person a very able senior LOCAL counsel of unshakable repute and integrity specializing in succession /Civil and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Civil courts, HC, SC……
And proceed further under expert advice of your counsel, in line with provisions of personal law that applies in your case.
Thereafter you may decide with your sisters as already explained above.
Kumar Doab
(Expert) 03 August 2018
Pls don't post as AQ and post with your ID
Sri Vijayan.A
(Expert) 05 August 2018
I agree with the opinion of Expert Sri. R.Ramachandran.
You are entitled to your own original 50% and also to 1/3rd of your brother's 50% share.
Each of your sisters entitle 1/3rd of 50% of your brother.
What else you can demand from your sisters is the amount you paid in TN SRO as deficit stamp duty, (Difference from what was paid in Parasalai). Try to get it from them, otherwise leave it.
