• Who owns the house after the father dies without a will?

My Father's first wife had 3 children (brothers). she died in 1989. He Re-married my mom and we are two, my self and a sister. all married. all my brothers are well settled and staying overseas. My sister is also married and staying in the same city where i live in. He was retired, 18 years ago and i am staying with him. his pension is around 18k.

My father and mother stayed with me in the same house which my dad bought some 20 years ago. I am his last son and we (dad and me) equally sharing housing responsibilities since 10 years (after i joined a job). Monthly expenses are shared from my salary.

My dad passed away recently due to heart attack, and there is no will for the house registered. now my brothers (step mom's) are asking share in the house. my mom is still alive, so i requested them to talk about this after my mom. but they are saying that since there is no will, we have right on the father's property and hence sell the house immediately and take a share.

Ever since i joined a job, all my savings and income has been put to maintain our family and run the house which was managed my dad only. I am married with a 3 year old kid who starts his schooling now. i have to take care of my mom and balance everything thereafter.

I just want to know how can i protect the house until my mother stays with us. since there is no nominee and will registered on the house. let me know our rights and proceedure.
Asked 7 years ago in Property Law
Religion: Hindu

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23 Answers

See all your siblings steps as well as your sister and mother , you all have equal share in the property. They can ask for partition as per the law and can take their share. If you all fail to agree mutually on partition of house they can file a partition suit and can claim over there. Now you can retain the house only the time suit goes in court in same you can drag the case to stay some longer there is no other way here.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) As per hindu rituals whosoever child lives with him and do all his rituals rights at the end. That son has rights in the house.

2) Now, you can registered your name and mother's name on the property papers in municipal corporation or grampanchyat.

3) Whoever do father's all procedure of death ceremony he will be get father's property. At any cost you don't leave the house and don't give any papers to them. They can't vacate house which you're staying in it. Just don't give possession of house to them.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

On father demise intestate you have one sixth share in the property 

 

2) 3 children from deceased first wife , second wife , 2 children from second wife have equal share in property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that though they are also children of your father, no doubt have rights in the property, but it has been you only who look after both of your parents.
  2. As per their saying, it is right that in the absence of any Will with respect to the house/ immovable property, they have their share in the property, and you are also not disputing it.
  3. But, as they all are well settled, and I believe they may not in urgent need of money so that you should sale your house for their share.
  4. You have two grounds over which you can prolong your case, one is that there is no urgent requirement of money on either of the sides and second is that you have been taking care of your mother who resides in the same house.
  5. Rest, if they still insist then you may have to go before the court and request for to wait for sometime and give your statement in the court that you will give their shares once your mother will not be with you all (sorry for saying this for your mother).

Rest, you can contact me through Kaanoon for further legal assistance on this issue, and I ll also try to find some good case laws on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

All your brothers and sister have equal right over the flat, equal as you. Each one of you is a coparcener, having equal share. 

However, none has a right to force other(s) to get the flat sold off, as your brothers are doing ie forcing you. Don't consent to it. 

Even if your brothers file a partition suit, they won't succeed, as you can very well proove that the flat is a dwelling place and under Hindu Succession Act, a dwelling house, unlike other immovable properties, cannot be sold of if all coparceners aren't willing to sell it. 

So this solves the first half of your questions. Now, in whose name should it be registered? Arrange a meeting with all coparceners, agree upon paying them their share in monetary terms and then file an application for Succession Certificate with respect to that flat in your name before the district Court. 

Appoint an advocate, to ensure that the agreement between all the coparceners is legally binding and they don't have any position to object to your application for Succession Certificate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. Well,since your father has died intestate all his properties is liable for equal division among all his children from his both marriages.

2. So this house where you are residing is also to be inherited by all his children in equal undivided share.

3. Since there may other properties which his children may scramble for taking possession it is advisable that you settle the dispute amicably and make a mutual deed of partition.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Upon your deceased father's intestate death his property shall devolve equally on all his legal heirs.

You will be entitled to one sixth share in the house besides your step siblings, your own sister and mother.

Let them file a partition suit which may take years to get disposed in the court which will be the safest way to temporarily protect your interests.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Since your father died intestate his property has devolved through intestate succession on his 3 children from first marriage, his second wife and children born from the second wedlock. If this is worked out the share of every heir is 1/6th.

2. If there is an amicable settlement then the property can be divided by executing a partition deed, else any heir is at liberty to file a suit for partition to cull out his/her share in the property, whereupon the court will order the division of property through metes and bounds.

3. You cannot stop them from filing the suit even during the lifetime of your mother.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

After the death of your  father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

After the Father's death- The property of the deceased is proportionately distributed among the Widow of the deceased and his children. If there was no will registered by the deceased than a Surviving member certificate needs to be applied by the family of the decease mentioning the legal heirs and a Succession Suit needs to be filled in an appropriate court of law.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your father property will have equal share of 3+2+1 = 6 shares. that is 3 for eldest wife sons, 2 for you both and one share for your mother.

it means you get 50% of the share as you two and your mother. Also you have taken care of your father till his last breath, you can claim little more as you deserved by talking to other legal heirs.

Legally you are entitled to have 3 shares out of 6 shares.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

The children from both first and second wife are entitled to a share in the father's property 

Your brother will have to file a partition suit to divide the property by metes and bounds and to distribute share proceeds among legal heirs 

You can also buy their shares if you wish to retain the house

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Both of his wife's and children will have share in the property.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. "ALL" the residual Legal Heirs are entitled to EQUAL share in the deceased's property, irrespective of any money spent on maintaining the family or house. This cannot be stopped.

2. HOWEVER, IF father's WILL can be found, THEN the person/s mentioned in the WILL would be entitled to receive the property and not others.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Since your father died intestate your mother has only one sixth share in property 

 

2) your siblings can file suit for partition for division of property by metes and bounds 

 

3) you cannot insist that till mother is alive property not be sold 

 

4) however suit for partition would take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your mother has share in the fathers property after his demise. See .See firstly civil matter takes long time in the court secondly you can talk to siblings and can make an settlement for partition after demise of mother may be they can agree.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

issue is not big you can settle dispute amicably with the help of elder members of family and incase if your siblings file for partition suit it may be take 2 to 5 years for dispose 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can take such injunction from civil court on her mental conditions. You can also invoke provision of mental health Act if required

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

suit for partition would take 15 years to be disposed of 

 

2) at most they can get injunction restraining you from selling your share in property pending hearing and final disposal of suit 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

It is better to keep quiet, let them file partition suit as civil cases runs long time. do not worry about this.

I have learnt that they still have not file suit for partition, they have to firstly collect all documents such as 1. Property Cards of all relavent proerties.
2.Revenue record documents such as 7/12 extract, Mutation entries doc. n relevant documents.
After set of paper they have require time to file plaint through lawyer. After filing of case it will take at least 2 to 3 years for prelimanary decree. further they get one more year to get their share and property in their hand.

The procedure in a civil matter is more elaborate and therefore, the matter has to go through the hammer of a strict procedural law. The stages are roughly like this. 1. Summons is issued to the opposite party(in this case the tenant),2 The opposite party appears and files his written statement of defence may be after one or two adjournments, 3. Issues are framed,4. Witnesses are summoned and examined and cross-examined on behalf of both sides and 5. The matter is taken up for hearing arguments from both sides and 6. Order or decree is passed.One should not expect the court to overtake any of the above stages as it may render the order or decree vulnerable in the higher court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can do the aforesaid. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See deciding partition suit take time if they are filing let them file you contest before court , they also have to pay court fee for the suit. 

As such there is no provision for the mental patient though mother can seek physical and monetary support from all kids.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Ii will take 4-5 years for the case to get decided. 

If you want to get the process delayed then you may go ahead and contest the case that will be filed by them. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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