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My mother expired recently. My father had expired long ago.  My mother has left behind her property worth Rs.60 lakhs.  It is herself acquired property.  She has not made any will.  We are four brothers and two sisters, in all six.  One  brother and a sister died subsequent to the death of our mother.  The deceased brother and sister have one son each.  Since all are settled independently, we want to sell the property.  Please guide us who should join the execution of the sale deed?

- by Radha, Bangalore

Your father had predeceased your mother.  One sister and one brother have died subsequent to your mother’s death all the children of your mother, four sons and two daughters have equal share in the property of your mother.   Each is entitled to 1/6 of the share. Since one brother and one sister have also expired their share will pass on their children.

All the legal heirs, the surviving three brothers, one sister, sons of deceased brother and sister should join in the execution and admission of sale deed.

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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:- 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 brothers, orally partitioned the partition. 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 brothers are in good terms with each other.

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I was brought up by my aunt (the sister of my father). She was a Government employee who had availed loan from her department to construct a house. The loan is repaid in full from her salary. Out of her love and affection; she has bequeathed her house to me by will, which is registered. She has two sons who have abandoned her and I am looking after her. My husband wants to add another floor to the said house for which my aunt has orally consented. Please advise; whether her sons can claim their shares in the house which is bequeathed to me? Whether my husband can add another floor to the existing house?           

Q:- Sir, I am a Hindu widow. I do not have children. I have inherited property from my father.Please inform who will succeed to my inherited property.

Q:- My friend, a bachelor, bought a bungalow and left for Amarnath on a pilgrimage. Before leaving, he handed over to me for safe custody among other thing his house documents and the bungalow keys. Unfortunately, he died in a landslide en route. He has no relatives or legal heirs nor has made any Will. I do not know what to do with his possessions.