Results for #divide
Legal
#ancestral#property#divide
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for partition of the ancestral property in a Civil Court, if the property cannot be divided by metes and bounds, then the same can be sold and the proceeds of such sale can be distributed between all the parties in proportion to their respective shares in the ancestral property.
Legal
#property#transferred#single#ownership#divided
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can partition the property as the same has already been transferred to your name fully.
Legal
#land#divided#ownership#transferred
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, of the two deceased sisters had a share in the property, then their heirs would also be entitled to their share therein.
Legal
#property#ideally#divide
My dad passed away a few months ago but he hasn't left any will behind for the property he owns. So how should we ideally divide it among the family members?
My dad passed away a few months ago but he hasn't left any will behind for the property he owns. So how should we ideally divide it among the family members?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The property will devolve on all the legal heirs of your father in accordance with the laws of intested succession depending on the religion you follow.
Legal
#commercial#property#divided
We are a family of 7 brothers and own a commercial property. The ground floor has been sold to someone, and we own the rest of the floors. When any of these other floors are sold, how will the proceeds be divided among the 7 brothers?
We are a family of 7 brothers and own a commercial property. The ground floor has been sold to someone, and we own the rest of the floors. When any of these other floors are sold, how will the proceeds be divided among the 7 brothers?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on who owns the property and from whose income was the same acquired. If it was acquired from the joint family income or by the brothers jointly, then the sale proceeds can be shared by all brothers equally.
Legal
#property#divided
I have a doubt about the share of a jointly owned property by a husband and wife. In case the Husband dies, then according to me the father's share would be equally divided between the children and the wife and the other half would solely belong to the wife. Am I right?
I have a doubt about the share of a jointly owned property by a husband and wife. In case the Husband dies, then according to me the father's share would be equally divided between the children and the wife and the other half would solely belong to the wife. Am I right?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you are right. However, if the father is a Hindu and at the time of his death, if his mother is alive, then she would also have a share in the estate of her such son and accordingly, the father's share in the property would devolve on the mother, wife and the children of such deceased man.
Legal
#nominees#flat#society#nomination#divided
My mother had nominated three of us brother and my late elder brother's wife as the nominees for her flat. The society has denied that there has been any such nomination in any of our names. The flat was divided equally between the four of us, 25% each and they aren't willing to transfer it in our name. We now want to share it between 8 people including us and our children as we wish to sell the flat.
My mother had nominated three of us brother and my late elder brother's wife as the nominees for her flat. The society has denied that there has been any such nomination in any of our names. The flat was divided equally between the four of us, 25% each and they aren't willing to transfer it in our name. We now want to share it between 8 people including us and our children as we wish to sell the flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow title and as such the title to the property will be governed by the relevant laws of succession depending upon your religion. However, all legal heirs can together execute a family arrangement interse deciding to share the proceeds from the sale of the flat in such manner as they may deem fit.
Legal
#divided#flat
My dad had divided our flat between me, my sister, my mother and my uncle. My mother had 50% share, me and my sis got 20% each and my uncle got 10%. Please note that my uncle has not been staying with us for more than 25 years. Now, he is demanding for 50% of the share. What do we do?
My dad had divided our flat between me, my sister, my mother and my uncle. My mother had 50% share, me and my sis got 20% each and my uncle got 10%. Please note that my uncle has not been staying with us for more than 25 years. Now, he is demanding for 50% of the share. What do we do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the share of the parties in the flat has been divided between them, by your father by way of some document, then your uncle cannot claim 50% in the property after 25 years from the date of execution of such document and his claim would be barred by limitation itself.
Legal
#divided#property#heir
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The real blood brothers of the person declared dead will be entitled to his share in the property.
Legal
#divide#property#deceased#commercial
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
An oral will has to be proved before a court of competent jurisdiction and a probate of the same will have to be obtained before the bequest under the Will is given effect to.
