Suggestion sought.
CK Nair
(Querist) 09 May 2009
This query is : Resolved
Sir,
My name is CK Nair, I belongs to Kerala. We have a small house within a plot of 53 cents (more than 1/2 acres) which was purchased by my parents in 1968 and was in the joint name of my father & mother.
I have one sister also.
My mother expired in the year 1986. During 1993, my father had made a deed signed by my father, myself & sister, dividing the property as under:
Out of 53 cents & house:
33 cents & the house jointly for my father & sister.
20 cents to me.
My father expired in 2007.
In fact I have to get 26 cents if it is equally divided, but my father has shown only 20 cents for me, and remaining 33 cents + house jointly to my father & sister.
Is it possible for me to get our property of 53 cents equally divided since my father is no more, and is the deed is lawfully valid, and is my sister have the rights make any deal i.e. selling of her share without my knowledge or permission?
Since my father has passed away, shall I have the rights to get my father's share?
Please guide me sir.
Y V Vishweshwar Rao
(Expert) 09 May 2009
Mr Rajeev S V is correct and you are entitled to a share in your father's Sahre as one of the sucesors to you father
A.G.Syam kumar
(Expert) 09 May 2009
you are entitle to get the share of your father.only if,there is no clause in detrimental to you right in the deed wherein you are also a signatory.
in normal parlence,you are entitle to the share of your father.
for that you had to file a partition suit before the appropriate court
Uma parameswaran
(Expert) 11 May 2009
Partition of property done in the year 1993 with your presence and you have accepted it without resistance. Now you are claiming. For giving a opinion to your question you have to inform about the deed and its content made by your father in relation to the property.
PARVEEN DEEPAK ARYA
(Expert) 11 May 2009
dear nair
you have not disclosed all the details . is any rider clause in the deed against you available or not? under the deed what are the rights acquired by your father and sister. If it is treated a normal partition deed and it sans any rider against you and further your father has not bequethed his share to your sister in any manner , you are entitled to 1/2 share out of the share of your father by way of natural succession .
