• Share of property after co-owner's demise

A residential flat is jointly held by my father,mother,me & my wife,with 25% share each,my father has four sons.my father died without any will thereof. I want to know whether my other brothers can claim share of father in the property in which I am an equal co-owner.
Asked 9 days ago in Family Law from Kolkata, West Bengal
Religion: Hindu
Dear Concerned, 

Yes - your other siblings can claim share in the 25% owned by your father . YOu would need NOC of the brothers to get this share transferred to your name as other wise automatically this 25% goes to all brothers and your mother. 

 
Atulay Nehra
Advocate, Noida
927 Answers
31 Consultations

4.7 on 5.0

On demise of father his 25 per cent share would devolve on your mother ,you and  your siblings 

Your siblings can claim share in flat 
Ajay Sethi
Advocate, Mumbai
40114 Answers
2276 Consultations

5.0 on 5.0

Dear Client,

In ur father share, u + brothers + mother have equal share. 
Joint ownership has no bearing of law of inheritance. 
Yogendra Singh Rajawat
Advocate, Jaipur
1015 Answers

4.8 on 5.0

Hello,

yes definitely your other siblings can stake the claim in the share of the property. 
Anilesh Tewari
Advocate, New Delhi
5714 Answers
70 Consultations

4.9 on 5.0

They can not sell the property without the partition of the property.
they will first have to file a partition suit in the court of law in order to sell their share.

Regards 
Anilesh Tewari
Advocate, New Delhi
5714 Answers
70 Consultations

4.9 on 5.0

Dear Sir,

After the death of your father it naturally devolves on the following formula 

Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

=================================================================================
	
Hindu Succession Act, 1956

THE SCHEDULE

[Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Kishan Dutt Kalaskar
Advocate, Bengaluru
477 Answers
1 Consultation

4.9 on 5.0

They can claim from the share of ur deceased father and can do the same when ur mother will be no more. 
Yes u can buy their share from them
Subhendu Ghosh
Advocate, Barrackpore
36 Answers

Not rated

Yes, they would be getting the equal share but only to the extent of your father’s share meaning out of 25% only.
And they can’t sell it to the outsider as no body wants any unknown to enter in between the party.
But, yes it is a single one then court or by obligation also they would have  to first offer you three to buy at the corrent market price.
Sanjay Baniwal
Advocate, South Delhi
336 Answers

4.9 on 5.0

Co owner can sell his share without consent of other legal heirs 
Offer to buy our share of your siblings 
Ajay Sethi
Advocate, Mumbai
40114 Answers
2276 Consultations

5.0 on 5.0

1) Yes other brothers can claim on father's share and they are entitled for 25% share and you as well.
2) By mutual consent you have to take their shares on your name.
3) As this is flat they can't sell directly to other part without yiur consent.
Ganesh Kadam
Advocate, Pune
114 Answers
2 Consultations

4.9 on 5.0

it is true that you, your wife, mother and father jointly the owners of a flat having 25% share each. now your father died with out leaving any will. so you and your mother along with other children of your father become the joint owner of that 25% which was belong to your father. the very share of your father will be divided among six of you equally. that means you are the owner of 25% plus 1/6 of 25%, your wife is the owner of 25%, your mother is the owner of 25% plus 1/6 of the 25% and your other three brothers are owner of 1/6 of 25% each. they are not entitled to sale their share without offering you, your mother and your wife as you three are the majority share holder of the undivided flat.    
Manish Paul
Advocate, Kolkata
195 Answers

4.9 on 5.0

Hi,

Yes in case of no will the property will be divided in 5 parts equelly including your mother.it is difficult to sell undivided property but definitely they can create some problem. The better way is to persuade them to relinquish their share or buy there shares
Vimlesh Prasad Mishra
Advocate, Lucknow
625 Answers
1 Consultation

5.0 on 5.0

1. On the demise of your father his 25% share has devolved on his widow and every child equally as he died intestate. 

2. No co-owner can sell the share and deliver the possession to the buyer unless the property is partitioned through metes and bounds. 
Ashish Davessar
Advocate, Jaipur
22534 Answers
608 Consultations

5.0 on 5.0

yes, they can claim since there is no will and as per hindu sucession act all the class 1 heir ( you and your brothers) have equal share. 
Arnab Kumar Banerjee
Advocate, Kolkata
56 Answers

Not rated

All your brothers have equal rights and can demand a share. If no WILL exist, then succession rule applies.
Rajaganapathy Ganesan
Advocate, Chennai
327 Answers
1 Consultation

4.9 on 5.0

Yes they have a share in the said property being undivided son if your father dies intestate.
Prashant Nayak
Advocate, Greater Mumbai
243 Answers

4.9 on 5.0

Yes, they can claim a share out of your father's 1/4th stake in this flat.
Vibhanshu Srivastava
Advocate, Bangalore
3528 Answers
29 Consultations

4.9 on 5.0

It is advisable that you buy out their claim from them by way of paying certain compensation to them.

This arrangement could be given effect to by executing a deed of relinquishment. 
Vibhanshu Srivastava
Advocate, Bangalore
3528 Answers
29 Consultations

4.9 on 5.0

If your father was a joint owner of the property then upon his intestate death his share in the property shall devolve on his own legal heirs comprising your mother, yourself and your siblings.

If you want to have his share on your name alone, then you may ask the co-sharers to execute a registered release deed reqlinquishing their rights in the property in your favor.
T Kalaiselvan
Advocate, Vellore
30170 Answers
314 Consultations

5.0 on 5.0

What can be the consequences,can they sell their share,as it's a single property, co-owners being me,mother & wife all on my side.

They cannot sell the share of yor father on their own, you, your mother also have a rightful share in it, hence they have consult you and they cannot sell the undivided share without identifying their share in the property.
T Kalaiselvan
Advocate, Vellore
30170 Answers
314 Consultations

5.0 on 5.0

1. All the children of your father including yourself will equally inherit the your father's  25% share of the said flat.

2. You will be prudent on your part to get a relinquishment deed executed by the other legal heirs registered to enable you and your wife own the entire flat along with your mother.

3. You shall face the same problem after the demise of your mother, intestate, for which you  should settle the matter now it self by getting a conditional gift deed to be executed by your mother registered in your favour wherein she will retain her living right.
Krishna Kishore Ganguly
Advocate, Kolkata
16616 Answers
407 Consultations

5.0 on 5.0

1. As per law, they shall have to offer their share to be sold to you first at the price they have got from a third party and in case of your refusal or failure to buy the said share at the said price, then can sell their shares to a third party. This is called pre-emption.

2. It will be prudent on your part to get the matter settled amicably by buying their  share of the flat. 
Krishna Kishore Ganguly
Advocate, Kolkata
16616 Answers
407 Consultations

5.0 on 5.0

Answer to Question no.1
In case of Hindus, In absence of Will, Property will be divided equally according to Hindu Succession Act,1956. 
Your father has got an ownership of 25 % in the respective flat which will be divided among six people namely Your four brothers, Your mother and obviously you. As your father died without making a Will your brothers can claim their respective share at any point of time.

Answer to Question no.2

Your brothers cannot sell their share to any third party without making You, Your Mother and Your Wife as confirming party as everyone as in present situation having undivided share in the respective property. 
Ayan Mitra
Advocate, Kolkata
5 Answers

Not rated

First of all please be clear with facts :- 

If this is a Flat registered with housing society that means you hold shares of the society and that is how you have right title and interest in the Flat. 

If it is a housing society then the names in the nominee prevail since no wills. 

If this is not a housing society, then your father’s share will be distributed among his legal heirs of Class 1 category. Then the ratio stands like this 

25% your share 
25% your wife’s share 
25% your mother’s share 

And now from your father’s share :-

Your mother gets 
You get 
Your brothers get (depending on how many brothers you have) 

For example, if there are 3 children including you 
 
1/4 th share of your father’s share divided among his heirs equally I.e mother and remaining 3 children including you.
Yugal Anjana Bhatia
Advocate, Mumbai
26 Answers

4.9 on 5.0

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