Query
v.venkatesan
(Querist) 04 November 2014
This query is : Resolved
I HAVE MY MOHTERS PROPERTY.
ME AND MY SISTER ARE THE LEGAL HEIRS.
MYSELF DO NOT HAVE PROPER SALARY TO RUN THE FAMILY AND ALSO UNMARRIED AND AGED 47 YEARS.
I AM VERY MUCH WANT TO GIVE THE SHARE BUT I HAVE ASKED TIME BUT SHE REFUSED
NOW MY SISTER WANTS TO TAKE THE SHARE, SHE IS TELLING IF I LEGALLY SUIT YOU, YOU ARE AT LOSS.
KINDLY DETAIL ITS IMPLIATIONS
THANKS AND REGARDS,
Guest
(Expert) 04 November 2014
Have you signed any papers to your Sister.Whether Legal Transfer is made From your Mother.Is she that is your Mother is alive.If you and your sister are only there How your sister could say you would be at Loss.Consult a Local Good Advocate with all details.Also Try and Get The Copy Of Documents From Registrar Office and Up to Date Encumberrance Certificates
ajay sethi
(Expert) 04 November 2014
on your mother demise you and your sister have equal share in the property . even if your sister files a suit for partition it will take years to be disposed of . better settle issue amicably
Dr J C Vashista
(Expert) 05 November 2014
Is your mother alive? If yes, none of you have a share. If no, did she execute any document such as Will, gift etc?
Incomplete information has been provided.
v.venkatesan
(Querist) 05 November 2014
MOTHER IS NOT ALIVE(DIED ON 15/6/2002)BUT STILL THE DOCUMENT IS IN MOTHERS NAME.
SHE HAS NOT DONE ANY WILL GIFT ECT.
THE PUCCA SALE DEED IS IN THE NAME OF MOTHER ONLY
MY SELF AND SISTER ARE LEGAL HEIRS.
MYSELF SALARY IS NOT CONSTANT.
Guest
(Expert) 05 November 2014
Consult a Local Good Advocate,Apply For Succession and Legal Heirship and Go For Partition
Dr J C Vashista
(Expert) 05 November 2014
Your sister is entitled for 1/2 share in the property left by your mother, get it partitioned mutually otherwise file a suit for partition and get your share registered with sub-registrar and mutated with municipality.
v.venkatesan
(Querist) 05 November 2014
she is asking for rent if i have to stay here.
ACCORDING TO LAW I HAVE TO GIVE RENT WHEN THE SALARY IS NOT PROPER.
Guest
(Expert) 05 November 2014
Live in a Seperate Place in the same House and Proceed Legally and Do Not Vacate
Dr J C Vashista
(Expert) 05 November 2014
Yes, you will have to pay rent for the property/portion of property of her share. Income and expenditure is immaterial, that you have to arrange if you want to use her share, otherwise vacate.
Get a rent agreement executed and obtain receipt.
Devajyoti Barman
(Expert) 06 November 2014
You are entitled to pay rent if asked for. Agree with experts.
V R SHROFF
(Expert) 06 November 2014
WELL ADVISED
DO NOT VACATE.
POSSESSION IS MOST IMPORTANT ...
malipeddi jaggarao
(Expert) 06 November 2014
Your mother died.
You and your sister are the legal heirs.
Mother did not leave any Will.
As per intestate succession, both of you have 50% share in the property.
The entire property is in your occupation.
you do not have sufficient income.
Your sister is insisting for her share.
She is also asking for rent for her share in the property.
She is right. She can file partition suit. You have to pay the rent for her share irrespective of your low income or income.
"I AM VERY MUCH WANT TO GIVE THE SHARE BUT I HAVE ASKED TIME BUT SHE REFUSED" -
Whether you very much want or not she has the right for her 50% share. You are not giving her the share. It is her right, which she can exercise, either by demanding rent or by filing suit for partition or property if she does not wish to keep the property as it is.
