Who has More Rights on Father's self acquired Property (House)
3 years ago
Recently My father Passed away, and Am the Only Son and I have an Elder Sister and Mother alive.
he has built a house with his own money. Now My Sister and Mother wants to Sell the House off but i dont want to sell it. The House is in my Father's Name.
Who can has more legal rights on the House please advice.
Srinivasa Prasad
Responded 3 years ago
A.All three of you have equal rights in the property left by your father.
If your father died intestate, then by operation of law, all three of you will be entitled to 1/3rd share each.
If they want to sell the property, let them offer it to you, i.e., RIGHT OF FIRST REFUSAL to be given to you, if you refuse, then then they can sell their share to outsiders.
NOTE:
Better you take their share by offering to take it, by way of release / relinquishment / Gift etc.
Whatever, mode of transfer you opt, the same has to be registered by paying appropriate stamp duty and registration charges.
If your father died intestate, then by operation of law, all three of you will be entitled to 1/3rd share each.
If they want to sell the property, let them offer it to you, i.e., RIGHT OF FIRST REFUSAL to be given to you, if you refuse, then then they can sell their share to outsiders.
NOTE:
Better you take their share by offering to take it, by way of release / relinquishment / Gift etc.
Whatever, mode of transfer you opt, the same has to be registered by paying appropriate stamp duty and registration charges.
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Anand Shukla Legal Practitioner,Legal Consultant & Advisor
Responded 3 years ago
A.Dear Sir,
File a suit for partition and hence you would retain your portion
Anand Shukla
Advocate
Delhi High Court
File a suit for partition and hence you would retain your portion
Anand Shukla
Advocate
Delhi High Court
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Kavery Anand
Responded 3 years ago
A.U can file partition suite to get your right share .
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