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Lathif Sheriff (Supervisor - Front Office)     18 May 2010

How Property is Shared in a Family

Hi,

I recently came across your Web Site while searching for help for " THE ISSUE OF, HOW PROPERTY IS SHARED IN A FAMILY ". We are 3 Brothers and 5 Sisters, my Father passed away in 2002, and my Mother and my younger brother stays with me. I am Married, My one brother and all my sisters are Married and i have younger brother still Bachlore. Question is how much Share will the each brother get and how much each sister will get the share of the property as i am the elder son. Please advice.

Thank you



Learning

 5 Replies

Harshada Shukl Kulkarni (Advocate)     18 May 2010

it  seems that you are Muslim by Religion and hence your father's property will be divided between all of you  as per the Shariat Law, wherein the respective shares for Mother, brothers and sisters have already been provided for.

shen (xxx)     20 May 2010

Hi,

Recently we have done a family settlement in Chennai, my husband and me (self earned) owned a flat in choolaimedu, and my father in law had a self earned individual house in Nanganallur.

My husband did a family settlement deed with his brother for the flat in choolaimedu, and my father in law gave a settlement deed on my husband name and my name together. The registration was completed couple of months before.

But not now the Nanganallur sub registor is saying that, as per Indian property law a father in law can not do family settlement with daugher in law. He has given two option either to revoke the deed or to pay the full stamp duty (2 lacs).

The settlement deed were prepared by a known lawyer, I would like to know what sub registor is saying is true, and guidelines to solve this issue.

Appreciate your immediate response.

Thanks

subramaniam (lawyer)     22 May 2010

Yes the family settlement between the family members who have the blood relation ship among them Example

between father and sons, wife,daughters, and between brothers only. The settlement between daughterinlaw and father in law is not a settlement.  so the law treates it's a conveyance so you must pay 8 percent stamp duty with 1 percent registration fee. otherwise your father in law may cancel the settlement deed and execute a new settlement deed infavour of your husband only. after few days ur husband may execute a settlement deed infavour yours or jointly. that is the way for reducing expenses.

PRADIP BOSE (ASSISTANT)     27 May 2010

Hi,

I recently came across your Web Site while searching for help for " THE ISSUE OF, HOW PROPERTY IS SHARED IN A FAMILY ". We are 2 Brothers and 3 Sisters, my Father passed away in 2002, and my Mother  stays with me. I am Married, My brother and all my sisters are Married and. Question is how much Share will the each brother get and how much each sister will get the share of the property . Property is in the name of my deceased Father. I am only staying their with my family & mother. My married sisters can claim the share as the same is not selling by us, we are just staying. Please advice me in details.

My  Email ID is pbose.info@gmail.com.  Thank you

subramaniam (lawyer)     30 May 2010

I think you are belongs to hind religion, so your father property should be divide as 6 shares each one having one share i.e 1/6 share to u and 1/6 share to your mother...


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