• Parents property distribution amongst 1st family members as no will is prepared

Our parental House property is on mother’s (age 65 yr) name (Still continued ...), she was deceased in year 2004. Father ( 80 Year) was govt servant alived till Feb 2017. Their pension /account were made joint a/c with my elder brother Age 57 yrs Business man) & his wife for medical/treatment expense etc. Father has not done any legal docu/will and we were three brothers (Youngerest not alive…) but his wife and son are there. We have one elder sister (Aged 55.5 Yr married) also. I (Age 54 yrs) am private service class employee presently residing in NCR. with family.
Earlier we all were residing in the home in separate portions during parenthood.
Ground Floor was occupied by elder brother and his family with parents. Ist floor was occupied by my family (till 2014) and younger brother's family (till June 2018). 
Presently My elder brother and his family is living solely in complete ground floor. 1st floor individual portion is locked and in custody of ours.

My younger brother's wife (only one son, +18) and I want our share in property to meet our financial requirements, but my elder brother and his family is not interested to divide property at present and doing deliberately delay for final solution. However, we have suggested option to sale of property and to divide equally but they are not ready. nor he is ready to purchase others property parts. They also showing inability to purchase others property shares. Home Construction is not proper to divide equally with mutual consents. My elder brother & his family quoting their vested intension on behalf of father " whoever is residing where since early period ..." is the property part accordingly. 

Elder brother is having all legal documents as 
a) Original Registry of Home property (Mother's Name)
b) House tax receipts deposited in municipal corporation (till now through Mother's Name)
c) Mother's Death certificate 
d) Father's Death certificate 
e) Younger brother's Death certificate (with his wife)
f) all are having govt. electricity bill for individual portions.
In this present scenario, I have following Q to seek valuable advice as I had never ever met such issue.

1)	Who are the legal property owners? How legal property shares will be distributed in case elder brother is not agree???
2)	Is it necessary to transfer property first ..on legal property owners name ?? or it can be sold directly, no need to transfer & transfer expenses..??
3)	Is verbal quoting from elder brother or father are valid legally ..?? as no written/valid /legal document or will is available. 
4)	How this property and financial accounts will be distributed and what will be my legal share.
Pl advice your valuable support & guidance.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

All the legal heirs have equal right over ancestral property.

File suit for partition. Then you will get your share transfered to your name. After that you can sale the property transfered on your name.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. You, your brother, Legal Heirs of your deceased brother which includes his wife and kid and fourthly, your sister. These are the 4 stake holders in this property. If he's not ready, file a suit for partition for division of property by metes and a bounds.

2. It can be sold without being transferred to the name of you 4 stake holders.

3. Not valid. Your brother is entitled to a similar share which others are entitled, i.e., 1/4 and nothing more.

4. Like others, even you have a 1/4 share. File a suit for partition.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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

2) seek injunction restraining sale of property by brother

3) for sale of property mutation has to be done on name of legal heirs

4) you can obtain from sub registrar office copy of sale deed by which property was purchased

5) issue notice to brother to furnish death certificate and other documents in his possession

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Along with sister all are equal share holder in property by 1/4th each. Deceased brother share will devolved in his wife and child.

On the basis of legal heir certificate, property can be sold without transfer of name.

Not valid and has existences even.

If not mutual solution - partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0


In absence of any legal written document, the property movable and immovable will be distributed equally among three brothers or their legal heirs.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. On the death of your parents intestate all of their properties are liable for equal division among their sons and daughters.

2. If any son or daughter dies then his/her share gets further divided among his/her legal heirs.

3. Now if the demand for share of any co sharers is rejected any all or remaining co sharers then the deprived co sharer can file a suit for partition to claim his due share and separate possession.

4. This is with the movable as well immovable assets as well.

5. verbal partition is valid.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You need to first file a partition suit in court for the same.Then once court decides the legal share if each holder then you can proceed with other things.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

1. Your mother was the owner of the property. Now if she had died intestate then her property has devolved through intestate succession on all her children including daughter equally.

2. The share of youngest son has further devolved on his Class 1 heirs i.e widow and children.

3. If the eldest brother is not ready to divide the property amicably then a suit for partition may be filed by other heirs to seek partition of the property through metes and bounds.

4. Apply for mutation of inheritance before filing the suit for partition.

5. Verbal promises do not constitute contract.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. IF the property is divisible (partition'able) THEN conduct a proper survey demarcation /division marking of the property and number them appropriately, for of the Legal Heirs of the deceased.

2. Ideally it would be better for the Family to execute a proper stamp duty paid and registered Family Settlement Deed, with proper strategic clauses, defining the divided property numbers for each of the residual Legal Heirs of the deceased. IF the property can be divided, THEN each holder can sell his share after the above procedures. No other Simpler solution.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. You have to file a partition suit for division and separate possession of your legitimate share in the proeprty.

All the children of your mother are the legal heirs having right to a share in the proeprty which includes your sister and the family of the deceased brother.

2. The legal heirship certificate giving the details of all the legal heirs would enable you people to sell the property without getting it transferred to your names.

3. No it is not valid in law.

4. You file a partition suit by which if the property is undivisible the court may bring it to auction sale and distribute the sale consideration to all the shareholders.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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