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Amjad Pasha (Manager)     23 January 2012

Estate of deceased father

Dear Expert,

We are governed by Mohammadan Law. We have a mother ( alive ), two sons, and 3 daughters. Our father left back a property without sharing to any of his children. Now the daughters are asking for the share in this property. But there are differences among themselves on the portion of the property. One daughter is willing to take a share and without acknowledging the receipt . 2 daughters are willing to take but to sell the entire property and get money equally divided. In other words all/any of the daughters may or may not settle on the share dictated by mother. But mentally harrasing mother to give away the property as soon as possible. Sisters do not want to acknowledge the receipt of mother's and brother's released share. May be they want to take whatever they get easily and fight for property given by way of will to their brothers. One of the daughter's husband is very wicked and may deceive the wife if the property is given away unconditionally. Mother and brothers are willing to give away the daughters/sisters share as soon as possible for peace of mind. Can the mother declare that the specific poperty was given for her sons and another specific property is given for daughters and sons/daughters do not have any interest in each other's share. Which type of deed /declaration/document is necessary to settle the family arrangement by mother. Can she execute a will, file a friendly petition in court of law and declare in front of justice, sign a release deed ? All Daughter's may or may not agree to accept the declaration. Kindly advice.



Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     23 January 2012

In the current scenario, the best option is to appoint an arbitrator and execute a "Family Settlement Deed" and have it registered, before actually partioning or selling the property or whatever.


Keep Smiling .... Hemant Agarwal

Amjad Pasha (Manager)     25 January 2012

Dear Sir,

Who can be the abitrator ? Can we appeal in the court of law ? Can my mother be an arbitrator or anyone of my close relative can act as an arbitrator. Kindly advice.

Amjad Pasha (Manager)     25 January 2012

Dear Sir,

Also advice who need to execute "family settlement deed". Sons can sign as witness. But daughters may or may not sign.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 January 2012

1.  Arbitrator MUST be a neutral-non-beneficiary person (eg. Advocate, Doctor, other responsible person). Beneficiaries / Claimants (like son, daughter, mother, relatives) cannot be appointed as arbitrators.


2.  Arbitrator can also be appointed by the competent court, on common application by all the projected beneficaries.  This is sort of cumbersom, but legally safe.


3.  Arbitration proceedings and documents have to be compulsorily signed by all the beneficaries, including the sons, daughters and who-so-ever connected to the property, for it to have affect in law.


4.  Arbitration proceedings in normal circumstances, may not be challenged in a civil court, BUT depending on several parameters, (like fraud, coercion, misleading, intimidating, threat and so on). Any affected party / beneficiary party to the arbitration proceedings can approach the competent courts, to nullify the said proceedings.


Keep Smiliing .... Hemant Agarwal


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