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Shivam (System Admin)     18 January 2012

Ancestral property dispute

My Mother had a Ancestral Property on his name. My mother was expired in the year 1992. We are total Three Brothers and Two Sisters (Married). After my mother expired we distribute the property to Three Brothers but not change the Mother name from the said property. We also not included our sisters while distributing the property because they were married at that time. Currently the property is in the name of my Mother. Can it is possible to transfer the property to all three brothers without informing two married sisters? Because since my mother expired in 1992, we three brother were paying Taxes to BMC and also earned profit from our distributed property. Two brothers are opposing to give the share to Two married sisters.

What is law says in the above condition?    



Learning

 4 Replies

Mihir..... (Wealth Manager)     18 January 2012

I am assuming your mother did not make a Will.

In such cases, you will require a succession certificate to distribute the property amongst the legal heirs, which also includes your two sisters.

Or else you settle the matter within yourself, and get a gift deed or release deed from your two sisters, and the transfer of said property can be done in the name of three brothers.

niranjan (civil practice)     18 January 2012

Succession certificate cannot be granted for immoveable property.Simply by getting your names added in the BMC record,sisters cannot loose their rights in the property,so for rest of the reply I agree with Mihir sir.

kumar t v s (advocate)     18 January 2012

You are in possession from 1992 as owners. If there is no claim from your sisters for all these years you may apply to the court for declaring you three brothers as owners.

ravi (Lab Assistant)     22 February 2012

Dear All,

My Great grandfather has willed to my grandfather his share ,but my father and elder brother and younger brother

has taked loan on grandfather property. They have forged my signature for bank loan.

I have filed a mortagage suit in court before issuing loan, even after that they have taken loan from the bank

Pls help me with this issue


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