• Division of father's self earn property after his death

My father has made property from his self earning, he had not made any will. After his death the question is of division of his property. In my family we are 4 members - mother, brother, sister and me... all are married. The property to be divided includes 2 shops and 1 flat.
From my father's life time i am living there with my mother, father, wife and child. And in shop i am doing business... Now after the death of my father, my Brother and Sister are asking for dividation of property..... My question is how is this property divided.....
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) on demise of father you have one fourth share in flat and 2 shops

2) you can enter into deed of family settlment wherein your mother and you are alloted the house

3) your brother and sister reliqnish share in the flat

4) give one shop completely to brother and sister in lieu of relinquishing interest in flat

5) as far as second shop is concerned you cna buy out share of mother , brother , sister at current market price

4) one shop can be sold

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.SInce your father has died without any Will then all his properties would be equally divided among all of you.

2. Since there is business then it is presumed that you had made some investments there.

3.So the shops should fall in your share and if the value of the shops is more than value of your 1/4th sahre then you will have to give some money to compensate the extra benefit you're getting.

4. Talk with all of all and amicably the settle the dispute if any and then if necessary make a registered deed of partition to divide the properties in mutual consent.

5. DO note that if there is no mutual agreement a suit for partition may be filed by any of you which would litigate all the properties causing harassment and bitterness for a long time.

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The property shall be divided amongst all of you equally as per Hindu succession act 1956 as amended in 2005.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

From my father's life time i am living there with my mother, father, wife and child. And in shop i am doing business... Now after the death of my father, my Brother and Sister are asking for dividation of property..... My question is how is this property divided....

Since this property belonged to your deceased father and he is reported to have died intestate, the entire property shall devolve equally on all his legal heirs.

Therefore your siblings and yor mother are entitled to an equal share in the properties left behind by your father.

You can solve the issue by holding a meeting of all the household members in an amicable manner and draw a family arrangement mutual partition on the terms and conditions agreed by all in respect of sharing the properties accordingly and get the family arrangement/partition deed registered and mutate the records accordingly in your respective names.

If there are no chances for amicable settlement then you have no other option than to approach court with a suit for partition and separate possession of your respective legitimate share in the properties.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

My father also owns a farming land which is given to third person on rent. Also there are 2 residential flats which are given on rent

The entire properties now standing in you father's name shall be liable to be partitioned equally to all his legal heirs.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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