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sampat mane (Salaried)     07 February 2017

Please help in partition related querry

We are four brothers and two sisters. My father left some property without any will. All have given me Power of Attorney for this property. Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.

In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK.

My querry is :

1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses.

2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help.  What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses)

3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This  property being my facthers / monthers property.

4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.

5. What will be the best way to resolve in case any dispute arise.

 

Sampat Mane  

 



Learning

 2 Replies

cs santosh jagtap (PRACTICING COMPANY SECRETARY)     07 February 2017

sampat 

1. you can’t deny their share in your parents property.

2. As u said u r parents has not prepared any will they to have equal right in property

3. with regard to expenses that u incurred out of income generated from the said property on your parent you can keep all the expense receipt or profs when u r brother and sister discuses the property issue you can claim that money.

4.my sincere advice to u before going for the development of the said property you sort out the issue or else you my be in trouble.     

Kumar Doab (FIN)     08 February 2017

The best way has already been suggested by Mr santosh jagtap.

As far as mother and father’s illness and old age expenses are concerned that was our moral responsibility and so was of others.

 Settle amicably.

Explore amicable registered family agreement on reasonable terms.


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