A Tripartite Agreement between builder/landlord and tenant is entered into in 1992 whereby the tenant gets a flat on ownership basis, free of cost. The tenant dies inte-state before the start of construction of the building. The tenant had 4 children - 3 daughters (married) and a son. There was a dispute among them for the property and a case was filed in Court. During the course of the hearing, the son expired leaving his wife and son who are presently occupying the property. The Court has given its decision saying that the property has to be shared equally among all the four children. Now, we, three daughters would like to sell the property? Therefore, our question is as to how we should go about it?
Asked 2 years ago in Civil Law from Pune, Maharashtra
1) each legal heir has 1/4th share in flat .
2) you should approach wife and son and inform them that you want to sell your shares in the flat .
3) if they refuse to buy you out only option is to file suit for partition . since actual division of flat may not be possible by metes and bounds flat can be sold and sale proceeds divided among the 3 daughters and legal heir of son
1. Was the sale deed made in favour of the tenant by the landlord? If yes, then alone the ownership transferred to the tenant.
2. Since the tenant died intestate all his 4 children succeeded equally to his property. As rightly held by the court, the property is to be shared equally among all the children of the tenant.
3. Since the son of the tenant has expired his share would vest in his widow and children equally.
4. If the daughters wish to sell their share then they shall have to file a case for partition in the court to cull out their lawful share in the property. If the flat is incapable of being divided then you can offer to purchase the share of your deceased brother if his widow and children do not agree to sell the property.
1. The right of all three sisters and legal heirs of the deceased brother has already been established by the Court,
2. Practically, the said flat can not be devided by metes and bounds,
3. So, either the shares of other heirs are to be purchased by one share holder or the said flat shall have to be sold and the sale proceed shall have to be devided accordingly,
4. All the legal heirs shall have to sit tigether and decide on the matter.
You (three daughter) may sell the property along with deceased brother's wife and son jointly to a prospective purchaser in your choice under a deed of sale.
All four children has a legal right to get an equal share of the property. The wife and the son will also have equal share of the property.
the three sisters would have to file a suit for partition to get their share. Since the flat cannot be divided, it would be advisable that the property may be brought by the one person among the sisters and the widow-son duo and the money may be then divided according to the respective shares.
File a suit for partition before civil court with the prayer of demarcation of the property but as the property is a flat then partition is not possible, so it will be better to settle the matter amicable with the money of the shares, if any party is ready to accept the offer then execute a family settlement deed and file before the court the court will pass just and proper order, accordingly.
Advocate, New Delhi
A. When a Hindu male died intestate ( Without a Will), class I legal heirs are entitled to get equal Share over the deceased property. This is the fundamental rule of law of Inheritance under Section 8 of the Hindu Succession Act.
B. In your case, I can presume that you have filed a suit by suppressing 3 daughters, hence the Court has stated that all 4 members are having equal rights over the property. But all legal heirs of the deceased i.e, 4 males 3 daughters (along with Deceased son's wife and Son) will have equal shares and daughters have to file partition suit before the Court.
C. As suggested by the learned colleagues that try to solve the issue by amicable settlement by distributing amount between the legal heirs.