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Ananda Rao Damarla (Manager)     19 April 2016

Property distribution between legal heirer's

My Dear pleaders, I wish to ask one clarification related to Property Distribution between legal hirer’s.

 

My colleague belongs to Karnataka state and got married in 2003. She is having 3 brother’s and 2 sister i.e., 6 members, all are married. Her father was expired in 2014 without make any will / transfer of property.

 

Her father having 10 acres of agriculture land at surroundings of Mysore and own house & other non-movable properties at Mysore aside of residing house.

 

My colleague brothers, resides in undivided house at Mysore and sisters of my colleague residing in other places not in Mysore.

 

In November 2015, my colleague brothers made out-let in 10 acres agriculture land, which is in their father name consisting of 150 plots for sale purpose.

 

Later on, they called their sister’s including my colleague for registration of undivided property in their names. They were registered only 2 plots for each of sister i.e., totally 6 plots for 3 sisters. They were registered rest of the property including 144 plots, house and other non-movable property in their name’s i.e, brother’s name.

 

In that registration documents they were taken signatures of sisters, brothers and mother of my colleague. This registration was happened in November 2015.

 

Now my colleague feels that, this distribution of property share was injustice. Can you please suggest what we have to do?  

 



Learning

 7 Replies

saravanan s (legal advisor)     19 April 2016

Since her father had died intestate she is eligible for 1/6 th share in the property.has your coleague relinquished her share in the property.

Kumar Doab (FIN)     19 April 2016

The succession has opened on death of father, in year 2014.

The inheritance shall be as per personal laws applicable to the deceased.

Assuming that her share is 1/6th, she can not sell/register more than 1/6th in anyone name.

It is not clear that what documents were signed by her e.g. relinquishment,sale, family settlement etc.

First of all get hold of all proeprty related documents and show these to an able counsel specialzing in family/revenue/property/civil matters.

 

Ananda Rao Damarla (Manager)     20 April 2016

Dear Kumar Doad sir,

She along with other two sister signed in family settlement papers and registered documents which is registered the property in their brothers name without knowing actual facts. Please let me know, once signed in all legal documents by all three sisters, can they challange the distribution of property share was injustice?

JustAdvisor (IT)     20 April 2016

if everyone is a Hindu and Hindu Succession Act is applicable then even mother of your colleague is a legal heir since she is alive as per facts of the case. So share will be 1/7th unless mother has relinquished. check even if the grandmother i.e. the mother of the deceased is alive - she too is a Class I heir.

Ananda Rao Damarla (Manager)     20 April 2016

My dear sir, The registration process already completed in November 2015. Can we challenge now for proper justification?

JustAdvisor (IT)     20 April 2016

it is an uphill task though not impossible on paper. engage a lawyer specialising in property matters in your locality who will be able to help you out.

Kumar Doab (FIN)     20 April 2016

Registered family settlement attains finality.

However  get hold of all proeprty related documents and show these to an able counsel specialzing in family/revenue/property/civil matters, and give inputs in persona nd understand the merits and options if any.


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