Legal Question in Real Estate Law in India

The property owned by a father who dies was legally handled by the wife. They had 3 daughters and 2 sons. The mother and the daughters wanted to clear the sons from the owner ship and made a legal settlement ( as per the prevailing rate of land cost ) to the sons and registered a release agreement deed for the settlement. The document included the Mother and 3 daughters as the joint owner of the property. Now, 3rd daughter being smart made the mother make another legal deed saying that after her the property will be jointly owned by only the 3 daughters and this was registered. All these original documents were taken into procession by the 3rd daughter and kept in her own locker without the knowledge of her mother and sisters. The sons being poor and in difficulty approached the elder daughter for help and live hood and the studies of their children. The elder daughter supported and landed in a huge financial commitment. Mother also supported a little in this. The other 2 daughters did not support. So the mother now wants the property to be again changed to 4 ownership ( mother + 3 daughters ) so that her share can be used for the expense uncured and kept in the custody of the elder daughter for further settlement to give some benefit to the boys and take back the amount spend by her ( more then 20 lakhs). The register office says that they can do the fresh registration by including the mother again in the new deed but they say that this will not be legally accepted if the other 2 daughters go to court. Please advice if this can be done and how this can be done. Regards Revathy ( 1st daughter ) mail ID : [email protected]


Asked on 1/19/13, 4:23 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.01.2013

Dear Revathy

(Ashok Nagar/Jafferkhanpet/Kumaran Nagar/Mambalam),

If there is a valid Will left behind by your father, the property will be partitioned and probated to the legal beneficiaries named in the Will, in the ratio as proportioned by the deceased father in the Will.

In the absence of a Will, as per the provisions of the Hindu Succession Act, 1956 all the legal heirs have an equal right to the property i.e the mother, the two sons and the three daughters will each be entitled to a 1/6th share in the family property.

It is important here that if you, your mother and your two sisters have still not actually financially settled and paid off the 1/6th share of each of your two brothers; you in the least, ought to have obtained both your brothers' written consent to the effect of "no objection" or "no claims due" on the property of their share which ought to have been presented to the Registrar at the time of registering (provided prevailing Stamp Duty and Registration fees have been paid) the release agreement & settlement deed. If this process has been followed, your mother, yourself and your two sisters are entitled to a 1/4th share in the family property. If this process has not been done, both the brothers' legal right on the family property still remain and is not relinquished.

Your youngest sister seems very keen to have the mother's 1/6th share in the family property equally divided amongst you three sisters alone. This is at the discretion of your mother and she is entitled to gift / nominate / Will her 1/6th or 1/4th share to whomsoever your mother deems fit during her lifetime or thereafter. If you have already incurred monies towards the education of your nephews, and if your mother feels she needs to help her grandchildren, it is advisable that your mother does a Gift Deed of her 1/6th or 1/4th share in the family property in your name and you get the same registered (by payment of the prevailing applicable Stamp Duty and Registration Fees) so that this aspect is resolved. Since your two sisters have not financially contributed towards family needs, they do not have any say or voice on the gift by your mother to you.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/19/13, 8:05 am
uttam Tibrewal

Mrs Revathy..

need to go through the documents which your mother has executed ... so that exact position can me studied... without viewing the documents its realy difficult to say any thing so if possible kindly send the document at [email protected]

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Answered on 1/20/13, 9:40 am


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