Property distribution among two brothers and one sister.
2 years ago
We are two brothers and one elder sister,all are married. Our father is alive but mother passed away. Our father worked as Govt Employee have nominated his whole PF income in three equal parts (i.e,two brothers and one sister) after my mother suddenly passed away.
Another fact is my father had build a house ( land bought in his own wealth) a which is so designedly build as we the two brothers can stay in separated entity but the whole structure being in one compound. Our father belives that he gave a equal amount wealth to his daughter and therefore after his death no clash will happen in future there is no requirement of Will.
But Son-0f-law of my father is very greedy.He and our sister also want the portion that was build for our father & mother and with the guest/drawing room.They both are in govt jobs and are trying to transfer near to our house and then they want to reside in that portion. Our father is unaware of this and he will not belive this also.
In this situation,I want to know – 1. Can they have any right to take the specified portion/equal portion in the eye of law ( also in the light of recently passed order of SCI in Aug,2020).
2. Can they that have any right to devide the amount that is presently my father is using for his own treatment and for maintain all other things and will be remain undecided by myfather ?
1. Yes you sister have equal share in the property and she has all right claim her share in the property in case your father died without intestate. That means without will.
2. No they have no right to divide the amount your father have presently. Your father is the sole owner of all his property and money he have. None of the siblings can claim anything until he dies.
It would be advised to ask your father to make a will to avoid clashes between you siblings.
Thanks
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Till your fathers death all the property and money which your father have would remain with him only until n unless he transfers that.
Although your sister has all right to claim her share in fathers property and that includes that house also.
It would be advised to talk to your father and tell him about the intension of the son in law and ask him to make a will to make things clear in future and you all could live peacefully.
Thanks
Please rate if you find this advice helpful.
Sidhaarth
Responded 2 years ago
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
2) After your father's death ,your sister will be entitled to claim Partition in registered manner for her undivided one-third portion and if her two brothers disagree, then she will be entitled to file Partition Suit before the appropriate Court of Law for Declaration,Injunction against transfer and status quo for not to change the nature and character of the property and Partition.
As the property is your father's self acquired ,then during his lifetime,either through registered Deed of Transfer he can transfer his entire property to his two sons or can make Will ( preferably registered) specifying his two sons as beneficiaries.
As your father is alive , until and unless he transfers , gifts any property to anyone it will remain with him.
If he makes a will were he puts his intention to transfer the property equally among all three of you, then that cannot be helped.
If he doesn't leave any such thing then all three of you will have an equal share.
I would advice you to register the said house in your and your brother's name.
Consult a property lawyer, and go for a gift deed. Then your sister won't be able to get it in her name.
Thank you
You have not mentioned, Hence, I am assuming you are Hindu.
According to Hindu Succession Act, both Sons and Daughters have equal rights on their father's property.
You have mentioned that your father has divided the property among you two brothers and give money to your sister the same value as the property given to you brothers. Your father must make a will stating the same or else it's not valid. After the demise of your father, your sister will have the right to claim over the property if it isn't mentioned in will.
Or, your father can execute gift deed in favour of you two brothers.
2) gift deed should be duly stamped and registered
3) in the alternative your father can execute will wherein he can mention that property is given to you brothers and the same amount of money as the property is given to your sister.
Thank You.
Viswanath M K
Responded 2 years ago
2. You must sit down with your father and speak to him about the realities and convince him to ateast write out a family arrangement or a will. Otherwise, there is bound to be complications.
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