• Division of father's property

My father had bought a house in 1997 and he passed away in 2002. He did not write a will. We are 3 children (2 sons and 1 daughter). My mother passed away in 2011 and my elder brother who was unmarried passed away in 2013. Now only me and my sister( married) are alive. What will be our individual share in the house property? I am planning to sell the house and I need to know how much I need to give my sister. I have spent to refurbish the house which was in a depleted condition and living in it for past 4 years. Even in that case, would it be an equal share?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

As per S.6 of the hindu succession amendment act 2005, daughters are considered as coparcener by birth and entitled to equal interest and liability as that of son. As both of you are legal heirs, each shall be entitled to one share as per S.10 of the act.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

She has equal share in the property. The equal share depends on value of property.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

1. On the death of your father his self acquired proeprty was inherited by his all children and widow.

2.Now his widow ahs also died intestate as well one of his sons.

3.in that event his one son and daughter remains as his sole legal heirs as well as that his widow and deceased son.

4. So in that circumstances both the son and daughter will inherit the proeprty left their father in moiety/ equal share.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1)you both have equal share in deceased father property

2) in case you sell the property you must give your wife equal share in sale proceeds

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Actually you have to give half share to your sister after deducting the expenses incurred by you on the property for refurbishing the property. Rest is assured.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi Friend,

First we will see Hindu Succession Act.,

Hindu Succession Act

General Rules of Succession - Male Hindu

The property of the male Hindu dying intestate shall devolve in the following manner

Firstly upon all the heirs, being the relatives specified in Class I;

Secondly, if there is no heir of Class I, then upon heirs being the relatives specified in Class II;

Thirdly if there is no heir of any of the the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;

Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)

Now we will see class I heirs shares and who are there in Class I heirs as per Hindu Succession Act

Class Ist Heirs

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

If you check that your sister do have equal share in the property. Both brother and sister have equal rights as per law in the property. So you have small meeting at home at take her NOC for selling the house and explain your problems and how much expenses you have made it for house etc. And given her a best remuneration as per your talk in the meeting.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes your.sister will have equal right on the property and her share will be half.

If your sister relinquishes the right in your favour then you have the complete right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) it means that sale consideration received has to be split equally with your sister

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Property value means market valuation current market price of property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Friend,

If property cannot be shared physically then its market value will be calculated and it will be divided as per respective shares in liquidated amount.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No share is not depending upon value of property. It is the legal share as per the applicable laws of land which determines the Share of individual in his property.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

You both have equal rights over property of your father so her share will be 1/2 of the property. Value of property means that whatever you are selling that share will be divided equally between you both.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Both u will inherit equal share in the property. 1/2 each.

U can recover 50% maintenance charges from her share.

1/2 title or 50% sale consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. On the demise of your father his property devolved through intestate succession on his widow an all 3 children equally. The share of every heir was 1/4th after his demise.

2. On the demise of your mother her share devolved equally further on all her 3 children. Thereafter the share of your brother devolved on you and your sister after his demise. Hence, the share that now vests in you and your sister is 1/2 each.

3. Although you may have spent the money on refurbishing the house but this does not curtail much less abrogate the share of your sister.

4. Share does not depend on the value of the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

Your sister will be entitled for 50% share in the property as per Schedule of the Hindu Succession Act.

Though you may have a word with her wherein for a specific amount of money she may relinquish her right on her share.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You and your sister have 1/2 share each in the property.

Any expense that has been incurred on the maintenance/refurbishment of this house, has to be contributed by you and your sister equally.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You may part away with half of the sale proceeds, after adjusting the cost paid by you exclusively on the refurbishment of this house.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Your sister shall be entitled to an equal share in the property that was left behind by your father who is reported to have died intestate and ther are no other legal heirs to succeed to the estates except your sister.

The refurbishing of the house was done on your own interest hence you cannot claim any compensation for that especially when you have been staying ion the property till this date without sharing the rental amount with your sister.

You can talk to her and arrive at an amicable solution by a mutually agreed partition

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

I saw in one reply that the share depends on the value of the property. What does it mean? Is value of the property different from the proceedings that we get from selling?

Dont be misguided with such unreliable terminologies.

She is entitled to 50% share in the property which you cannot deny or deprive her rights.

If she goes to court with a partition suit, you cannot defend yourself by any means except to agree for the equal share that would be allotted by the court as per law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. IF the deceased brother had no children of his own AND IF the mother had died without making a Will, THEN in the current scenario, the residual legal heirs (Brother & Sister) shall EQUALLY share the remaining property, irrespective of any criteria or conditions.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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