• Partition of property

Dear Sir,
Original we had one big property in name of my Mother Mrs.P , we sold it and bought 2 properties out of which one property belongs to me ie.Mr.H jointly owned by her and second Property in name of my brother Mr.L jointly owned by her.
Few years back my brother Mr.L died without any will or nomination. In this year my mother died.
My mother has 2 sons out of which 1 is dead and 3 married daughters . Mr.L had 2 married daughters
Now 
In this scenario can Mr.L's wife / daughter claim a share in second property . And can I and my Sister claim that property since it belongs to my mother as well.
Can my sister claim in my property since my mother was joint in this property.

Please share your opinions with reference old judgement passed support my interest in both properties
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

thank you for rating on previous Answer. i think you child is smart and also to there no law to benefit you alone they have there rightful share and they can claim same through court vide partition suit.

Yes sister will have share and further for L share his daughter and wife will be entitled.

See in both the properties mother share (50 percent) after her death will be divided between her legal heirs that is you all siblings you your sister and since the brother is demised then his share goes to his legal heirs (wife and children) and your father if alive.

Further in one property you are sole owner of half share and in the other property since after demise of brother his 50 percent share shall go to his wife and daughters.

Yes your sister shall have equal share in the share of mother. This is law section 15 Hindu succession act intestate succession in female no judgements required. Feel free to contact in case of any difficulty

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

On mother demise her 50 per cen t share in 2 flats woukd devolve on her son , widow and children of deceased son and 3 daughters equally

In other words her married daughters can claim one fifth share in property

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

The property in your name belongs to you on and no claim can be made on your property as there is no joint holding with your mother but please remember that as investment came from this sale after plot by mother's name a civil suit may be filed to prove that the property is joint property

In case of the second property where L was joint holder with mother this year of mother will be divided among all the legal Heirs of mother means you and your sister can also claim your hairs along with the legal hairs of your brother from the share of mother

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Wife and daughter of Mr. L can't stake a claim your property. Likewise, your sisters can't stake a claim your property.

Mr.L's wife and daughters will inherit the property left behind by Mr. L and you've no claim in his property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Since Mr.L predeceased your mother, therefore, his share devolved through intestate succession on his Class 1 heirs i.e mother, widow and children equally.

2. On the demise of your mother her share in both properties including her share in the share of her predeceased son in the second property, devolved through intestate succession on her legal heirs i.e husband (if alive), children and children of Mr.L.

3. The share of daughters is at par with that of sons in the property and share of mother. Any legal heir including your sisters is at liberty to file a suit for partition to cull out his/her share in the property.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Dear Client,

Since proprieties were purchased by the income of mother, after her death, properties will inherit by 1/5th each in children. and deceased brother 1/5th share in his wife and child - this can be claim through court as property in joint ownership. This is actual distribution and acc. to law.

AND if you claim yourself actual owner of half in jointly owned property than

Properties are in joint ownership. so, mother 50 % + 50% share in both peropty will inherit in her legal heirs by 1/5th each.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

the original property which was owned by your mother was sold and 2 properties were purchased out of the sale proceeds in which the two sons were made co-owners

so technically since the two new properties were purchased from the exclusive funds of the mother obtained from sale of her original property, the mother was the absolute owner of the 2 new properties, though her sons were added as co-owners only for convenience and as a family arrangement

nevertheless, one property is owned 50-50 by mother and H and another property is owned 50-50 by mother and L

after demise of mother and L, their respective 50% share will go to their respective legal heirs

Legal heirs of mother - children and children of predeceased child

legal heirs of brother - widow, children and mother

so you, your sister and children of your brother have equal claim in the 50% share of your mother in both the properties jointly held by her with H and L

the widow and children of your brother have a share in the 50% held by him jointly with mother. Since L died before mother, the mother also had a claim out of the 50% share of L in the second property together with her 50% share. As mother is no more, that share will now go to her children and children of L in equal proportions

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

This is my response to you:

1. Mr.L's wife and daughter have part claim on the property;

2. This is as per the law down in the Hindu Succession Act;

3. Also Mr.L's mother had a claim, she is not there, therefore you and your sisters have that 1/3rd share divided between you all;

4. Therefore Mr.L's wife gets 1/3rd, daughter gets 1/3rd and rest 4 of you get 1/3rd;

5. Best opinion can be given if the documents are verified properly;

6. If there is dispute then file a suit for partition in the civil court.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Your question about second property:

Since it was jointly owned by your deceased mother and decesed brother, upon the intestate death of your deceased brother, his share of propeerty automatically devolved upon his own legal heirs i.e., wife, children and his mother.

Thus your mother's share shall be half plus 1/4th share in the other half share of the property.

Now upon your mother's death her entire share shall be divided into five equal parts, i.e. to you and your other four siblings which will include your deceased brother (his share shall devolve equally on his own legal heirs consists of his wife and two daughters).

Thus your deceased brother's fie and children shall be jointly entitled to their original 3/4th share out of your deceased brother's half share in that house property besides 1/5th share out of your mother's share in that property.

Now coming to the 1st property, your half share will remain with you. Your mother's half share in that property shall again be divided into five equal shares, you and your siblings shall be entitled to one such share.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

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