• Dividing deceased father's property

Hello Sir/Madam,

My father married my mother, after his first wife passed away. He had 1 son and 2 daughters from his first wife. After marrying my mother, I was born. When I was 8 years old my father passed away. All my siblings and myself studied well and got settled on their respective fields. We still have a home and a land property under our fathers name. Its been more than 20 yrs since my father has passed. We now want to divide our fathers property equally (mom + 2 brothers + 2 sisters). Both my sisters are in US and have settled there. I have been contacting them to come to India to legally get the property split. But they are not interested to come nor care for our fathers property. 

# I wanted to know if my mom , me and my elder brother can legally divide the property among us ? # Does my mother have rights to divide and give my fathers property to the sons alone ? 
# What are the option we have to split it legally ?

Kindly request you to help me proceed legally and get the properties split. I want to get this done as early as possible , since the home under our fathers name is very old and we want to rebuild it. before that we want to make sure the property is split and the person who wants the home can build it.

Thanks and regards,
Rajesh Kumar
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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4 Answers

On your father demise you have one fifth share in property

2) deed of family settlement can be entered into for division of deceased father property

3) mother can only give her one fifth share in favour to sons

4) consent of all legal heirs is necessary for division of property .

5) if it is not possible file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

I wanted to know if my mom , me and my elder brother can legally divide the property among us ? # Does my mother have rights to divide and give my fathers property to the sons alone ?

# What are the option we have to split it legally ?

The property that belonged to your deceased father remains undivided till this date shall devolve equally among all his legal heirs consisting you, your (half) siblings and your mother.

You can consult an advocate in the local and proceed as per his advise on all such further issues.

Thus the property shall be divided into five shares and all the shareholders shall be entitled to one such equal share which shall be divided by metes and bounds.

Your mother cannot divide the property among the sons alone by excluding the daughters.

If the daughters are not cooperating for partition then a partition suit may be filed agaisnt them and get an exparte order agaisnt them, get your respective share in the property allotted through court leaving aside their share in the property.

Any action other than this may be illegal and invalid and may be considered as an offence under criminal law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Dear Concerned,

The Married Daughter's Got their share in property only after 2005 and as you father passed more then 20 years back your sisters dont have a share in the father's property - Hence you and your elder brother on the basis of father's death certificate apply for Mutation of the properties in your name along with your mother's.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. On the demise of your father his property devolved through succession on his widow and all children from first and second marriage.

2. Since your siblings are not on board to divide the property the only remedy for you is to file a civil suit for partition in the civil court whereupon the court will order division of property by metes and bounds.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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