India  |  Intellectual Property

Legal Question

Asked on: 7/05/13, 8:21 am

I am residing in my house with one younger brother and two younger sister. According to my sisters(unmarried) my father had given the whole house on my sisters name. My question is that if it is true then---

i) Can my sisters force me to leave my fathers house where I am residing now by giving any notice????

ii) If they can not do that, then Can I demand any part or portion of the said house from them as because I am the eldest son of my father.

2 Answers


Answered on: 7/05/13, 11:41 am by Fca Prashant Chavan

05.07.2013

Dear Sir,

If your father has Willed the house in your sister's name, she will have to obtain a Probate from the Court to get the house transferred in her name. If your father has already gifted and registered the title of the house in the name of your sister, she becomes the absolute owner of the house.

i) No, till the Will is backed by a Probate; Yes, if the house is already gifted by your father in her name;

ii) You can demand a fourth share if the title of the house is yet to be transferred in your sister's name.

Regards,


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Answered on: 7/07/13, 7:11 am by Jayesh Desai

How was it given? Orally, or in writing? If, it is in writing, then it can be either by a Will or by a Gift Deed.

You have not stated whether your father is alive or not.

If he had made a Will, it needs to be probated. If it was a Gift Deed, it needs to be a registeerd document. Ask for either of these.

In the absence of either of the above, all children are entitled to equal share in fathers' property. You have also not mentioned whether your mother is alive or not. If she is alive and your father is not then she also will be entitled to a share.


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Jayesh Desai 609 Dalamal Towers Free Press Journal Marg Nariman point Mumbai, 400021

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