Legal Question in Real Estate Law in India

Question

My father a Hindu living in Maharashtra died intestate in 1992 having three sons & two daughter s married before 1973. Father inherited 1 hectare agriculture land from his father in 1952.Father bought one plot in 1964 for which 2 /3 amount of loan was repaid from the earnings of eldest son for which nothing is in writing but family members know. In 1977 he bought 2 hectare farm using his retirement benefits and again loan amount i.e. 50% of total cost is paid from eldest son�s income but property in father�s name, for this some references are found in the letters written by father to eldest son. My father has mentioned in letter that unless I send him money he couldn�t save and also mentioned that we have to pay this loan. Mother died intestate in 2007.

I am the eldest son, my query is -1) Can I ask for proportionate share in those properties where in my earnings are used to repay the loans? 2) Since 1992 elder sister is insisting for equal share and have resisted the partition though she was not entitled as per succession act 1956 and amendment to it by Maharashtra Government in 1994 were applicable. Considering the above facts as on today what will be the share of each daughter in father�s property.

India | 411015 | Real Estate and Real Property

� 4/26/11, 4:11 am

� Answer (1 of 1)

�

� The answers to your question with regard to laws applicable in your case as on today:-

� 1) No, All the 5 legal heirs of your father have equal rights.

� 2) Your sister has equal share in the property .

� but i have few question(s) to ask you before i give you my legal advice .

Hi Advocate Sanjay Kalra

I thank you for your reply.You please send me questions you want to ask.

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?