on demise of father his self acquired and inherited property would devolve on your mother , you and your sister equally
Partition
We are a family of four- father, mother, one son and one daughter. father had one inherited property from his father and one self acquired property. father died in 2004 without a will. now we are three. mother, married son and married daughter. how we can share the two property among the three.
Asked 5 years ago in Property Law
Religion: Hindu
10 Answers
You have to share the property equally so that all get property of equal value. There can be mutual partition deed signed by all three and can be registered. In both property all three will have equal share.
So if division not possible sale and divide proceeds or the one can buy out the share of other.
Dear Client,
Properties will inherit by 1/3rd each.
One property can distribute equally between two and in 6 % in 2nd property .
33% + 33% + 33% = 2 properties.
Property 1 = 30% + 30% ( half each )
Property 2 = 6% + rest holding in third heir.
Or partition by mutual settlement.
Mother can give her share by gift/release deed to any one or both.
The property of a Hindu male dying intestate, or without a will, would be first distributed to heirs within Class I (Son/Daughter,Widow,Mother) Equal Share.
you can raise your claim by initiating a partition suit in City Civil Court or you can share the said property through well educated mediator who know about law.
all the properties would be divided as per the Hindu law. you all are class I heirs so the property would be equally divided amongst you into three equal parts.
regards
As your father died in 2004, you alone shall inherit his ancestral property. You may, however, share it with your mother and sister by means of a settlement deed, if you so wish. In respect of your father's self-acquired property, all the three of you shall have a share each.
All will get equal share in both the property.
As your father died interested without a will the entire property will be divided in three parts equally and you will get one by third share of the property arrest to buy 3 shares will go to your mother and sister.
1. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the Three legal heirs, wherein the property of deceased can be distributed amongst themselves.
2. Both above process shall confer absolute Title-Ownership of the deceased's property to the Four Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
All the properties left behind by your father belonged to him and upon his intestate death it devolves equally on all the three.
Even though there are only two properties, an amicable partition can be done by mutual terms and conditions among the shareholders.
You three can discuss the modalities among yourselves and draw mutually agreed partition deed, get it registered take separate possession of the same.
