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Sharat Sindhwani (None)     11 April 2012

Sale of undivided share in family property

Our father had bought our family home in the name of our mother. She divided the property into five parts one for herself and one each to her 4 sons. She further willed her 1/5th share to her 3 daughters (now 2 -one died further willing her share to the two sisters). Now one of the daughters has filed for an equal 6 share division, claiming equal rights for sons and daughters, which may last for years. We are all senior citizens waiting for our rocket launch to outer space one by one!! Can we sell our 1/5 or 1/6 undivided share or part thereof given to us by our mother and in our respective possession and living peacefully? Can women be coparceners as the property belong to our mother? Can our sister's claim of 1/6 hold us to ransom for the rest of our lives?



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 3 Replies

Sharat Sindhwani (None)     12 April 2012

Thank you Sir. My late mother has left a registered Will dividing the house into five parts, four for the 4sons and one for herself . Her own share she has been Willed to the 2 remaining daughters. Now one  daughter wants an equal share i.e. division in 6 parts; four to sons and equal shares to 2 daughters. Which one holds good five parts as in her Will or the claim for six? Our mother had made a family settlement during her lifetime and had given possession to each in 1986. The mutation has been changed in favour of all 6 beneficiaries in the Municipal Board records. Which one holds good five parts as in her Will or the latest claim for six by one sister?

Sharat Sindhwani (None)     12 April 2012

Thank you Sir, To clarify further  In "common man's terms" then, would it be right to understand that: (i) The mother's Registered Will for 5 shares "superceds" the sister's demand for 6 shares, and only 5 shares can be made NOT six ;  also (ii) Since there is no court  'stay order' from any of the share holders restricting sale of the share in his possession it is "in order" to sell his/her share.


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