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R K........ (Analyst)     17 August 2014

Brother-sister property dispute

My age is 60 years. I am the only son and i have a sister who is elder to me and lives with her husband in a different city.

My father died around 15 years back and unfortunately he didn't make any will. Now we want to sell that house but my sister is asking for a share in property. My mother is in my favour and she doesn't want to give anything to my sister.

We have been living in this house since last 30 years. I want to sell it and move to a different city where my son is working. Legally do i need to give anything to my sister and how much share ?

Isn't my mother the owner of property after the death of my father ? 

 Please guide me



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 August 2014

If the house is in the name of your father, then you sister is entitled to a share in it. She has 1/3 rd share in the property which she can legally claim.

R K........ (Analyst)     17 August 2014

Property was on name of my father. But after the death of my father, Won't my mother decide how much share to be given to my Sister ?

What is the share of my mother in this case ?  Do all three of us (Myself, my sister and my mother) have 1/3rd share each ?

Laxmi Kant Joshi (Advocate )     17 August 2014

If the house is in the name of your father and your father died without making his will then according to the law your mother , you and your sister are the legal heir of your deceased father, the whole property of your father will equally divided into three parts she is entitled for one part in The property means 1/3 share in your fathers property .

Advocate Bhartesh goyal (advocate)     17 August 2014

Agreed with Advocate Archana and sh.laxmi kant joshi.

R K........ (Analyst)     18 August 2014

I have taken care of my parents for 30 years and my sister made no contribution. It was just a 2 room house in which I have done so many renovations and invested around 15 lakhs in last 10 years,  to make it proper liveable house.  Then how can my sister claim any right in it ?

 

My mother is very aged. She is around 85 and remains on bed only. So should I prepare her will regarding her 1/3rd share in my name before anything happens to her ?

If my mother makes a will in my name, then even in the absence of my mother i will have 2/3rd share.. Is it right ?


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