Rights of property to son and daughter after father deathRights of property to son and daughter after father death

Property »Posted 15 Aug 2012

legal question Hi,

My father expired in March 2012. My father owned 1 flat and 1 site in Visakhapatnam, 1 site in srikakulam. There is some gold in locker. We are one son and one daughter apart from my mother who is alive. i am based out of Bangalore and my sister is based out of srikakulam. My mother does not want to stay with me and staying near my sisters house in srikakulam. She has given house in visakhapatnam on rent. I fear that after my mother, property might go into the hands of my uncle and sister. Can i file petition for partition while my mother is alive. Also my mother is demanding monthly maintenance amount of Rs 5000, whereas it is easy for me to take care of her if she stays with me. Can you advise in this case am i liable to send her monthly maintenance amount. She is already taking rent of 8000 Rs from the house in visakhapatnam. She is also due for my fathers pension once the legal heir certificate is available. I am currently not ready to sign that legal heir certificate as i want to settle the property case before i do that. Is that ok ? Please advise.

legal answer from lawyer E00004435dear client

1. the entire property of movable and immovable shall be divided to three equall shares only.
2. as part of claiming ur part through court, then first negotiate with ur mother, if she doe not lisern then issue legal notice and after that u may file partition case.
3. if she is living with her daughter u need not send any maintenance.
4. u have not obstruct her to take legal hair certificate.

if u want any further clarification contact me on phone via path legal

pvs saikumar, advocate, visakhapatnam
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legal answer from lawyer E00001080Dear Sir
Property Will be equally divided among 3 .U r not liable to pay maintenance because she is getting pension secondly Legal heir certificate doesnt mean she will be getting property it only means and shows who are the legal heirs of your father,it has no connection with division of property.So dont worry better take legal heir certificate.You can file partition suit to claim your share through court and if your sister and mother agree for respective share go for family settlement deed.it cheap and best


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