Legal Question in Real Estate Law in India
Dear sir,
My father died in 2002 without writing a will. I have mother, a brother and a sister. I am working, married have 2 kids. Same with my brother and sister. My mother and my wife are not in good terms. My brother lives abroad. My mother has been living alone in the house bought by my father 40 years back. Now my mother brother and sister want the property to be sold and the proceedings shared equally by all the four of us. And then she wants to stay with my sister as she is getting old and needs somebody's support. My sister has been married since 25 years. I am not interested in selling the property. My questions are
1) Does my sister married 25 years back has rights over self acquired property of my father?
2) Can the property be sold without my consent by my mother?
3) My thinking is that my mother can have possession of the property as long as she is alive. Me and my brother can have equal share of the property later. Am I right?
3 Answers from Attorneys
After demise of your father, you, your mother, brother and sister and parents of your father are the success or to the estate of your father. Sister may claim partition. Read more on property laws on www.karvai.in.
1. Yes
2. Yes, in respect of her share
3. No
The answers are here in below for your perusal :-
1) YES
2) No.
3) NO.
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