• Property and house partition

I am a male and have a sister and mother. My expired father and my mother (still living) have a joint property. There is a house in the same Property which is registered in my mother's name. What will be my share in the property and house.
Asked 4 years ago in Property Law
Religion: Hindu

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28 Answers

In the joint property your fathers share will be divided into three equal share for you, your mother and your sister.

the house is registered in name of your mother that means she is sole owner of the house and you cannot claim share in it till the demise of your mother or she by will or gift gives it to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Till your mother alive you have no right to claim the property.

On her demise you and your sister have the equal rights to claim the same.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

If it is an anscestral property then there would be three shares I.e yours, sister and father which is called notional share.

Then, again there would be three share out of your father’s share that is you, mother and sister.

But, if self acquired property then depends upon will.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

On your father demise his 50 per cent share in property would devolve on your mother , you and your sister equally

2) on mother demise her share would devolve on you and your sister equally

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Till your mother alive you have no right to claim the property.

On her demise you and your sister have the equal rights to claim the same.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Hello,

1) As the property is joint and assuming that it was self acquired your mother is defacto 50% owner and will have 1/3rd share of the remaining 50% along with you and your sister while your mother is still alive provided your father died intestate.

2) Of the house registered in your mother's name she is the absolute owner and the children will acquire any right only if given by the mother while she is alive. Therefore if you are seeking a partition through a court of law you can legitimately stake claim only for 1/3 rd of the 50% of the joint property as stated above.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

1. On death of your father , his half share in the proeprty would be divided into his widow,you and your sister. So you and your sister will have 1/6th sahre each while your will have 2/3 share.

2. Since the house stands in her sole name she alone will be considered its owner and you during her lifetime shall have no share.

3. Since she is its sole owner she can transfer this house to anyone she chooses.Of not then on her death intestate you and your sister will inherit the house in moiety share.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There is a house in the same Property which is registered in my mother's name -

What English is this, write properly.

In joint ownership property, along with ur sister and mother in father`s share have equal right i.e 1/3 each.

Property any, in mother`s name is her personal property, no right of any till mother alive.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello sir , the share of your father in the property transfered into 3 parts after his death (you , your sister and your mother )..the house since it is registered in the name of your mother , you do not hold any sure till she is alive

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You have 1/3rd share your father's stake in this property, i.e., 1/3rd share in your father's 1/2 stake..

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) you all three will have equal share in the property i.e. 1/3rd share as the succession Act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You will have 1/3rd share in the Deceased Father's 50% share, in the Property.

2. You cannot claim any share in the House, since mother is alive.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. The said house stands in the joint name of your demised father and living mother.

2. So, you have equal share on 50% share of the total property being your father's share of it along with his other legal heirs i.e. your mother and sister.

3. You and your sister will have no claim on your mother's 50% share of the said property during her lifetime.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The joint property you will have the share of 1/3rd share in father's share as the house property is in the name of mother you may not get any share in that share of mother till there is no transfer/will by mother.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

It is your mother's absolute property now and she has absolute rights to bequeath the property to anyone. Your mother should decide the portion of your share either in the form of executing a gift deed or testamentary disposition.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

If your father died without will then you your sister and mother are entitled to 1/3 share in joint property. But please do let us know if it is ancestral property or self acquired by your father. Lastly is the full property register in your mother's name. These information are required for clarification.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

After the death of your father it has become exclusive property of your mother. But you can use some tricks to get your share. Please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If your father died intestate then his properties shall devolve equally on all his legal heirs.

The property now lying in your mother's name shall be her own property at least during her lifetime.

You, your mother and sister shall be entitled to equal share in your deceased father's intestate property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hello,

You will have 1/3rd share in the said property, if your father has passed away without a will.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once a non bailable warrant is issued the Police can arrest the person on the basis of such warrant.

Issuance of warrant does not automatically impose travel restrictions. However the court in certain cases while granting bail can impose such ban which can be later waived or modified on change of circumstances.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Non-bailable warrant: To secure the presence of the accused, the court issues warrant of arrest during the pendency of trial. Warrant is an order addressed to a certain person directing him to arrest the accused and produce him before the court. The warrant may be issued to Police Officer or any other person to execute the same.

The non-bailable warrant can be recalled by the court if the accused surrenders himself before the court and files a petition under section 70(2) Cr.P.C, 1973 and also complies with the conditions imposed for recall of the said warrant.

In General, the accused cannot travel abroad during the pendency of a criminal case against him in any criminal court of law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

When a person is detained for a non-bailable offence, he cannot demand to be released on bail as a matter of right. He can, however, request the court to grant bail. The provisions in this case are governed by Section 437/

Section 437 - When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released on bail. If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused shall be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance. A police officer or the court may also release a person from custody if he feels that there are any special reasons. But he must record his reasons in writing.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Non bailable warrant means if the the accused fails.to respond court notices and is not.present in court then court send a NBW under such warrant accused can be arrested and produced before court. If arrest accused has to file for fail if not.then has to personally remain before court and file for.recall of NBW.

You have to be present before.the court and put an application before court to recall the said warrant under section 70 CRPc.

The person has fear to be arrested if a warrant is issued on his name once the warrant is recalled the person can travel.

A.travel can be only prohibited when the court imposes condition on recall of warrant or issuing bail.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

non bailable warrant is issued for arrest of accused if he fails to attend court

2) make an application to court to with draw or stay the NBW

3) court would stay the warrant and release accused on bail subject to certain terms and conditions

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Non bailable warrant is issued when a person does not respond to court notice or summons, it can be withdrawn when a person voluntarily surrender to court or just get your case advanced and file application under Sec 70(2) of Cr.P.C. Though there can be no travel ban but if the bail condition specifies that you should not leave local jurisdiction then better not to leave local jurisdiction of court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Since the Court concerned must have faced a tough time in securing your presence, it has issued a NBW.

You've the option to challenge this NBW before the High Court and get the same quashed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. If the accused fails or refuses to appear before the Court even after receiving repeated Summons issued by the Court, it issues non bailable warrant.

2. When NBW is issued the accused can not avail anticipatory bail.

3. He/she shall have to either pray for and get the said NBW withdrawn or cancelled or take bail after surrendering before the Court which has issued the said NBW.

4. A person can not travel abroad when NBW has been issued against him.

5. The copy or information of the NBW is sent to the immigration authority who details the said person against whom NBW has been issued at the time of his appearing before the immigration authority before leaving the Country.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Non bailaible warrant is issued by the court to secure presence of a person.

2. It is advised that you obtain bail at the earliest.

3. After obtaining the bail you may take the travel permission and till the time you are not obtaining bail you can travel as much as you want, there is no restriction upon you.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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