Legal Question in Real Estate Law in India

Dear sir my fataher bought a plot in 1993 and he amde ahouse in it in 1995 but registery of this land is on my mothers name now she is no more . now we are two brother and two sister along with father there are 5 mamaber who want to devide this property in 5 parts but my father not want taht according to him he is the soul onwer of this property coz. he purchase it from his money my mother was a house wife ,my father retired from govt job pls. give me solution


Asked on 3/23/14, 4:00 pm

2 Answers from Attorneys

you can file a suit for partition of the property.If your father wants to establish his title over the property he can file a suit for declaration.

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Answered on 3/23/14, 8:08 pm
Fca Prashant Chavan Expert Edge LLP

24.03.2014

Dear Sir / Madam,

Although I've already answered this query before, I will answer it again for you. With the demise of your mother, unless she has made a specific Will naming the beneficiaries of the property after her, the title of the property vests in your father. The two brothers and sisters cannot claim any share in the property, unless and until your father specific desires to do so.

Regards,

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Answered on 3/23/14, 8:52 pm


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