My Hindu father became the owner of one quarter of a house in Kolkata built by my grandfather and as a result of a probated Will in 1946 and subsequent partition suit by one of the four brothers to allocate portions by lottery which was effected by a Kolkata High court decree of 1975. My father died intestate in Oct 1993 leaving behind his widow (my mother), 2 sons and 4 daughters and owning the property inherited from my grandfather and even today is named as sole owner in Kolkata Municipal Tax bill. My mother died in July 2016 The son of my late eldest sister is insisting partition of the house property by metes and bounds. The house has living space of less than 1200 sq ft over 2 floors and is impractical to be partitioned 6 ways. (a) Iis my father’s house an ancestral property of self acquired? (b) Does daughters have right of inheritance in property in West Bengal, where the father died intestate in 1993? (c) If daughters have a right to inherit can I insist by court case that the property be auctioned / sold as partitioning is going to be acrimonious and long drawn out. (d) The remaining living siblings have agreed to relinquish their rights for a sum. What is the best way to do this with a minimum Tax bill? (e) What would be the lawyers cost and disbursement for preparing 4 to 5 off deed of gift and subsequent registration / legalisation.
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1) property inherited by your father on grandfather demise would be his self acquired property
2) daughters would have equal share in said property
3) if property cannot be partitioned property would be directed to be sold
4) legal fees for drafting relinquishment deed would depend upon lawyer engaged by you
1. This is your father's self acquired property. So it is liable for partition among all his legal heirs.
2. Yes. Moreover there is no concept of ancestral proeprty in West Bengal where Dayabhaga school of succession applies.
3.Yes, you or in the alternative you can propose to buy back their share.
4. Get gift deed executed by the willing co-sharers.
5. Lawyer fees varies. If you contact me in private at [deleted] then I can quote my fees.
a. It is not an ancestral property. It is the inherited property of your father. Ancestral property has different legal meaning.
b. Daughter's have equal right on their father's properties.
c. File the partition suit also alternatively claiming equal share of the sale proceeds of the said property, if sold with court order.
d. You can also relinquish your right against collection of consideration but the said collection of consideration can not be mentioned in the relinquishment deed as otherwise it will become sale deed attracting appropriate stamp duty. There will be no I.Tax for relinquishing right but you shall have to show the consideration received for the said relinquishment in some other source like gift.
e. It depends on the quality of lawyer you choose. Ordinarily a reasonably placed lawyer charges Rs.30/40 K for drafting a gift deed. The registration cost will be extra at actuals to be paid to the government. For drafting 5 Deeds, the fees may be reduced to Rs.20 K per Deed.
1. Now this property becomes your father's own and absolute property in which all his children are entitled to an equal hare, i.e., you are entitled to 1/6th share in it.
2. Yes, you have rights o inherit yor legitimate share in your deceased father's properties.
3. You have rights to seek partition an you cannot dictate court to auction the property, actually that is an alternate remedy which court will suggest and decree.
4. Relinquishing the rights for a compensatory amount is a solution without going to court for long drawn legal battle.
5. It would depend on the lawyer who you would engage
