Property share eligibility Property share eligibility

2 years ago

My Mother had no brothers. She had only 2 sisters. Hence her parents divided their dwelling house equally in three portions for their daughters. My mother enjoyed the property till her lifetime as a self acquired property. Its a 900sqft old house with 20'ft road facing & 45'ft in length. My mother died in 1983 leaving her husband, 4 Sons and 4 daughters without producing any will.

In the meantime, my elder brother passed away in 1988 leaving his wife alone and had no children. No claim was made by us including my father towards my elder brother's self-earned, self-acquired properties. Those properties are with my elder brother's wife.
Further, my elder brother's wife had gone to hindu missionary ashram.

Later in 1994, My father planned a property division among his children. He executed a binding agreement between his children [i.e 3 sons (excluding my elder brother since he is no more) & 4 daughters] stating my mother's self acquired property mentioned above will be acquired by me after settling the amount of each share to my father, 2 sons and 4 daughters. All the parties signed the agreement, except one daughter. The agreement was not registered.

As per agreement, I settled the amount to my father for this property and he has handed over the applicable settlement amount to all 2 sons and 4 daughters. A release deed was executed and registered except one daughter who did not sign the previous binding agreement. My father expired in 2000. Till date I hold the title, possession & paid property taxes, water and drainage regularly.

1) Can my elder brother's wife claim my elder brother's share on my mother's self acquired property?
2) With the intention to acquire the entire property, my last sister is claiming the property share even after receiving the amount and has not registered her share in my favor.
Can she claim the property as a land?
3) In 2008, My elder brother's wife sold and registered my elder brother's share to my last sister. Is this a valid sale execution?
4) The property is in demolished condition. Can I construct the property?

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Your current scenario is little complicated as their are many variations in the scene. Remember when your mother expired then the self acquired property becomes a joint/ancestral property wherein all the legal heirs including your expired brother ( his lega heirs) get the right in the property. You need to act accordingly.
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