Legal Question in Real Estate Law in India

property laws

We are 3 brothers and two sisters, All married, All brothers staying together in the same house. The house and other properties are self acquired by parents. Father have expired. The property have been divided into 4 parts though the documents have not been registered and all the brothers are staying together. But now the eldest brother is planning to fulp away more share than he is actually entitled to. Pls clarify, whether the mother who is now the whole and sole care taker of the whole property can refuse the share to the elder son totally.


Asked on 6/03/08, 7:34 am

5 Answers from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: property laws

As you already said that the property has been divided into 4 parts.

Now your question is can mother refuse the share to the elder son totally.

Yes mother can refuse the share to the elder son totally to the extent of her share only.

M.P. SANJAY

Ph : 9392465234

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Answered on 6/03/08, 9:39 am
Manish Dhingra Legal

Re: property laws

I assume that your father dies intestate (without will) and you guys are Hindu. As per Hindu law, if a person dies without will, the property passes to his Class I heirs. So, you 3 brothers and your mom will share the property equally (some states say that married daughters will also share). In any case, as the property has been divided among 4 parts, mother can only refuse her share.

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Answered on 6/03/08, 3:26 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: property laws

Shares of heirs were crystallized on demise of father. There can not be any change, unless all agree.

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Answered on 6/07/08, 3:12 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: property laws

Yes in this case the mother can refused the share to the elder son.

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Answered on 6/16/08, 3:09 pm
Bidesh Sinha Universal Legal Firm

Re: property laws

your said brother can be withheld to further share over the property to extent of his share allotted.

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Answered on 6/04/08, 8:56 am


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