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We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

- by Ramanujam, Jayanagar, Bangalore

It seems your parents died without leaving any will. That being so, you three brothers are entitled to enjoy the property in equal proportion. A person missing does not mean that he is dead. But According to law, if a person is missing for 12 years he is presumed to be dead. Having come back, your brother is entitled to 1/3 rd share of the properties even though he was absent from the scene for about 14 years.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?