Assets classification
3 years ago
Hi , My age is 65 and hindu. I have a brother(unmarried 58 and died 1 year ago without will) and sister (married 65 died 2 years ago). My father passed away without will almost 50 years ago.
All the property we acquire from inherited property.
My unmarried brother before marriage sells 1 acre of agriculture land and at that time we produce a document mentioned that we orally divide the assets before 1982 and now divide and selling the property on the same accordance. He sells the property and died with partly registered (leaving 14 cents). I produce the document that he is under my supervision till death and I registered the rest of the property.
We have given some decent amount, gold and 2.7 acre at the time of my sister marriage and we have undergone a 100 rupees stamp agreement without registered mentioning mutually divided all the assets in 2003 while my sister selling her land.
Now my sister children send a court notice demanding that the property which we acquired through the 1980 document is invalid, 1 acre which my brother sells is invalid and ask us to divide the whole inherited property divide into 2 parts..
We assume even according to new law that we need to divide the property into 3 parts and my brother is under my supervision till last breath, so I can acquire his property by producing the supporting local village officer documents since we stay together in beside houses and my sister stays away from our village.
Q1) is the total property is divide into 2 r 3 parts
Q2) if 3, can I acquired my brother share by mentioning that he is under my supervision till death
1. The property can be divided into as many shares as there are legal heirs. As such, your brother's sale of the 1 acre will be valid.
2. Your sister can also claim apart of your brother's share, but you will have stronger grounds and the Court is likely to side with you.
If you found this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. This depends on the amount of legal heirs, as you are three siblings, the property is to be divided into three parts. However, the sale done by your brother is valid, it cannot be deemed as invalid by your sister's children.
2. No, your sister also has a right to claim his share.
If you found this helpful, please rate us.