I seek your valued opinion in a family property case. I have three sisters (two elder and one younger) and one elder brother. My mother passed away in 2004 and my father passed away in 2012. My parents purchased 14 cents of land with a tiled house in Ernakulam in 1976 by a purchase deed, for value of Rs 5,000 from the legal heirs of my uncle, who died in 1960.
In 1986, a will was executed and registered in favour of my elder brother and me, stating that my sisters are not eligible for any share in the property. In 1992, I was given 8 cents of land behind the existing house through a purchase deed (for Rs 25,000) in favour of my spouse and me.
I constructed a house here in 1993. Upon my mother’s death, my brother acquired the remaining property of 6 cents with the house in his name from my father in 2004, by an Ozhimuri Title Deed (exempting the others’ share) for a value of Rs 1 lakh paid to my father. They have two sons.
I think I am eligible for half of my mother’s share in the 6 cents of the land, as my father does not have ownership in the land and no documents are created against my share in the remaining property. My mother had refused to give the remaining land and house to my brother before her death due to family problems. Are my sisters eligible for their share in the 6 cents of land and house?
If I plan to file a civil case for obtaining my share, if any, against my brother as the opposite party, should I include my sisters, sons of my eldest sister (deceased) as opposite parties? If a case is filed, will it be time barred ? —K VISWANATHAN, CHENNAI
You and your brother cleverly cheated your sisters by entering into deeds for the alleged purchase of the property from your father. The will does not survive. The question of your moving the court on the basis of alleged share of the property in the custody of your brother does not arise. Better don’t inform your sisters lest they may question the shady deals that the two brothers had made.
JUSTICE K CHANDRU
expertexplains@gmail.com
is a former judge of the Madras High Court