• Distribution of property after death, if there is no will

My father died on 8th Aug 2017 and has not left any will. He purchased one plot about 50 years ago on my grandfather's name and then constructed an house and 3 shops on ground floor. After death of my grandfather in 1990, this property was again transferred on my father's name. 
I have 4 brothers and one sister (including me) and all are married. Only one brother and his wife and children are living in this house regularly along with my parents. My father after retirement from govt. service, started to devote his full time with my brother in Kirana and deshi medicines (jadi buti) Shop. I want to mention a point here that this shop was established by my father and grandfather. Then one brother started to sit there as he couldn't do good in study and he is not smart enough to run any business alone. My father and mother both worked hard and father also invested big amount his salary and pension in shop. 
My sister and other brothers (including me) settled in different cities. Till higher secondary education we all lived with parents and then moved to other places for higher studies and settled in different cities.
As I mentioned that my father died on 8th Aug 2017 and he has not left any will. I also mentioned that only one brother is running Shop with parents. Now his wife and children are trying to usurp (Hadapna) complete property (House and shop both). Bhabhi (brother's wife) is saying that since his husband is running shop for last 30 years and everything is there in house because of his earning. While this is not true as I mentioned that parents have devoted their life and money equally for the shop and house. Also brother has started to sit on already established shop, he has not started that.

Now my questions are 
1. What is legal rights for my mother and all brothers and one sister? 
2. Although only one brother and his wife and children are living there permanently with my parents and we all go there on occasions. Do we have equal right on this property?
3. As I mentioned that property (house and shop) was transferred to my father's name after death of my grandfather, so it should be treated as ancestral property. So as per law is there any differentiation for who is living there and who not? Or mother and all children have equal right to the property irrespective of my brother and parents only was running the shop and we (other brothers and sister) not?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

On demise of father your mother , you and your siblings have equal share in property

2) it is not ancestral property

3)property which has remained undivided for four generations is ancestral property

4) even if brother staying in house and running the shop he cannot deprive you abd your siblings of equal share in property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Since you father  has died without making any will therefore his property will be deport according to the rule of inheritance and survivorship. your brother cannot usurp  complete property.  in this situation you have to move an application before the Civil Court for partition of the property on the ground of survivorship. All stakeholders or legal hairs are entitled to take equal shares in the property.  The house and shop are treated as ancestral property because you brother had no means to established at shop and it is proved that your father had established that shop through his own income

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

File suit for partition for division of property by metes and bounds

2) you have equal share in shop too as father died intestate

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

In case of no Will written by your father, Apply for partition suit to divide the property equally same for all his inheritors.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi, the shop shall be divided among all the legal heirs .. Including your mother and brothers and sisters ..ex:- among 5 children and mother .. There shall be 6 shares in the shop ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. After the death of father, since he died without a will, this property would devolve bin equal proportions upon all the surviving legal heirs. This would include the widow, 4 sons and 1 daughter. Thus, each will get 1/6 share in this property.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Yes, all 6 of you have equal rights. You have right on the entire property which compounds the shop as well. Having said that, you can't lay a claim on the business of your brother. At best, he could be dispossessed to start this existing shop elsewhere.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Claim your share and incase he refuses to give you any, file a suit for partition. Get the mutation done by replacing the name of your father from revenue records. It would be replaced by the name of all six of you.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. As per your narration the property was originally purchased by your grandfather and later transferred in your father's name, then in your father's hands it is his self acquired property.

2. Upon the intestate demise of your father, your mother, 4 brothers and a sister are entitled to equal share in the property in the ratio of 1/6th share each, including the shop which at the moment is being looked after by your other brother.

3. The instant property is not an ancestral property but it is the Self acquired property.

4. File a case in the jurisdictional Civil Court for partition and declaration and separate possession of the property amongst the legal heirs.

5. For the shop also, all the 6 legal heirs are entitled to equal share in the shop property.

Shashidhar S. Sastry
Advocate, Bangalore
5393 Answers
329 Consultations

1. What is legal rights for my mother and all brothers and one sister?

If this property is in your father's name, then it shall devolve equally on all his legal heirs consisting of his wife, and children.

2. Although only one brother and his wife and children are living there permanently with my parents and we all go there on occasions. Do we have equal right on this property?

All the legal heirs of your deceased father have equal rights in the property left behind by him upon his intestate death.

3. As I mentioned that property (house and shop) was transferred to my father's name after death of my grandfather, so it should be treated as ancestral property. So as per law is there any differentiation for who is living there and who not? Or mother and all children have equal right to the property irrespective of my brother and parents only was running the shop and we (other brothers and sister) not?

It is not ancestral property.

It becomes your father's own property and all his legal heirs have equal rights in the property.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. What should I should do to take my legal right in this property?

If the peace talks for an amicable partition and separate possession fails, you may approach court with a partition suit for relief.

2. Have I any legal share in shop [This shop name is famous and registered by brother's nick name in my hometown] which is run by only one brother [not by other 3 bothers (including me) and one sister] but equally contributed by my parents physically and financially? I am asking this because whole property in on my father's name and he has not left any will before his death

The property lying in your father's name shall devolve equally on all his legal heirs.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. All the legal heirs of your late father have equal right on the properties standing in the name of your late father.

2.Yes, all of you have equal right on the said property despite the fact that you did not stay there.

3. It is not an ancestral property as per law and is your father's inherited property. So, all of you have equal right on all the properties left by you father which are standing in his name including the said shop.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. The meaning of ancestral property is different as per law. Yours is not an ancestral property but property inherited by your father share of which has been inherited by you. All of you or any of you should file a partition suit claiming share of the property of your late father.

2. Has trade license for the shop been taken in the name of your brother or just the name of the shop has been kept in his nick name? If ownership of the said shop still stands in the name of your late father, then all of you have equal right on the shop also along with his other properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

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