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Shivaputhrappa (Section Head)     02 September 2013

Property distribution

I have 2 brothers and 4 sisters.My father passed away  in 2000. My father purchase 48 acres in 1978. He divided the land into 4 parts, and registered 16 acres (in Tahasildar/subregister office legally) , each to all sons (3) and one part in his (my father) name in 1984. In 2007, the property which was there in my father name was transferred to my mother name.

My question: In which part, my sisters are eligible to get the property now?

As per the amended hindu succession law (2005),  the property distribution made legally before 1994 in karnataka , the daughters will not get the property share. My sisters are eligible to get , each one share from my mother property.Is it my understanding is correct?



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 3 Replies

Namita Agarwal (---)     02 September 2013

Your sisters, both your brothers and you, will get one share each in the property, if your mother dies intestate.  However she can make a Will and give the property to only those children whom she wishes to.

Tthe daughters are not entitled to the property, the distribution of which was made in 1984.

Shivaputhrappa (Section Head)     03 September 2013

Thank you vey much madam.

I have one more question, in continuation of above subject.

How to make will? Is it done in the court?or just writing on the bond paper?Who are all need to sign? Is it only my mother?

Hoping your answers.

 

Namita Agarwal (---)     05 September 2013

A Will can be written on a plain paper.  Ask a lawyer to draft if for you.  In addition to your mother, 2 witnesses will have to sign the Will.  The witnesses to the Will cannot be the beneficiaries under the Will.  You may also have your Will registered, though it is not compulsory.  A registered Will is less likely to be challenged.


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