Property share

5 years ago

Hi,
We are total 6 children==> 2 Sons (A and B), 4 married daughters (C,D,E and F) of Mrs. "X" (Widow).

1) One lady G (Not a family member) gifted her own property to Mrs. X.
2) One Son "B" (unmarried) of MRS. "X" died.
3)After that Mrs. "X" (property owner) also died.
4) Now the son A is paying all the maintenance of that property, which is in the name of her Mother "X" (non ancestors property) since last 18 years and staying in that property (non-ancestors property) with his wife "Y" and son "z" , so now can the other 4 married-daughters (C,D,E,F) can claim on MRS. "X" property (which is non ancestor property) after 8 years of their died-widow mother (Mrs. "X" ) and force there brother "A" and his family to sell the property for the share?
Please advise.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.legal heirs are entitled for equal share in property. whether they may be daughters or sons all are liable to get share. in concern to maintenance you are enjoying property with all benefits for long term. but as you said that property is non ancestral then might be possibility to infringement of your legal heirs right by will of property owner. better way to approach into court with expert property lawyer and file partition suit by procedure.

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ROBERT D ROZARIO

Responded 5 years ago

A.All the legal heirs of deceased X are entitled to equal share of the property acquired by gift deed. This includes four daughters of deceased X. Unless there is a Will and it had been bequeathed to you or your son, you cannot hold your four sisters from getting their share in the property. You cannot claim for maintenance as you had been enjoying the said property along with your family for 18 years. File a partition suit and let the court decide. As long as the case is pending you can enjoy the property as you had done these last 18 years.

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Anonymous

Replied 5 years ago

Hi Sir,

The property was given by Mrs. X to her son "A" before her death and as proof document we have affidavat-notary (with lawyer signature/stamp) mentioning the same but due to lack of knowledge the same document were not registered in sub-registered office court so this documents can be considered legal ?
Please advise sir and thanks for the response.

ROBERT D ROZARIO

Replied 5 years ago

What document you are referring to? Can you be more specific about that?

ROBERT D ROZARIO

Replied 5 years ago

Is this a gift deed or a will

Ambrose Leo

Responded 5 years ago

A.Collect all the record available and approach a Property Professional Lawyer to guide & help on all aspects of the issue.

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Anonymous

Replied 5 years ago

Hi Ambrose sir,

Mrs. "X" (owner of non ancestors property) had given the property to her Son "A" before her death and as a proof the same is documented in affidavit-notary made by lawyer in presence of Mrs. "X" but due to lack of knowledge of the lawyer the same document (affidavit-notary) was not registered in sub-registered/court office.
So now the the same document (affidavit-notary) can be considered as valid/legal ?
Please advise and thank you for the reply! :)

Swaroopa Desai

Responded 5 years ago

A.Hi, you need to check if Mrs. X died intestate or she had made any will. If she had died intestate, then all children of mrs. X should get equal share. Mr A can calculate the maintenance or other expenses amount made till so far and get it compensated through other children of Mrs X if they want a share in property.

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Anonymous

Replied 5 years ago

Hi Swaroopa,

Can the 4 other married daughters force their brother "A" (son of Mrs. X) to sell the property ? as Son "A" and his family (wife and child) have no other shelter.
Also "A" (Son of Mrs. "X") has made affidavit-notary (through lawyer) documents in which it is mentioned that after the death of Mrs. "X" the property will be given to him i.e. to Son "A", but he (Son "A") failed to registered the affidavit-notary document in sub-registration (court) office. Can the affidavit-notary (without registration) would be considered valid?

Please advise and thank you for the reply.

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