Mother's property

Querist : Anonymous (Querist) 14 February 2018 This query is : Resolved
We have a residential house which is in the name of my deceased mother. My father is alive. We have 2 brothers and a sister. My mother had donated a part of our house in my name and the roof in the name of my brother where he has constructed rooms for their uses. How the remaining part our house will be distributed? My sister will not take any part. Who will give registry among the brothers? What does the law says regarding this issue?

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Ms.Usha Kapoor (Expert) 15 February 2018
If your mother died intestate your father also would be shareholder of it., All 4 of you including your sister arrive at a Family Settlement by way of Registered Deed which is final binding on all 4 of you.Although Registration and Stamp duty are not necessary you better go for registration.Your sister doesn't subscribe to Family settlement deed it is OK.

A family settlement is binding on the members of the family even if one of the parties have not subscribed his signature to the deed. But there should be clinching evidence to show that the party who is not a signatory to the deed has acquiesced in the settlement by his subsequent conduct.

Sudhir Kumar, Advocate Online

(Expert) 15 February 2018
no useful advise can be given without seeing the papers and inspection of the property.

Sudhir Kumar, Advocate Online

(Expert) 15 February 2018
repeated

http://www.lawyersclubindia.com/experts/Mother-s-property--672521.asp

Kuummaar AS (Expert) 15 February 2018
“वेल्ले” का मतलब बतायें

Querist : Anonymous (Querist) 15 February 2018
We are Hindu. What should be done if the sister does not intend to take mother's property? Does any separate deed of declaration require from my sister? Or she requires to sign on the both deeds of two brothers? Who will be the signing authority of our registered deeds?

Mother's property

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