We are a family of 4 siblings who lost their father a couple of decades ago. The house he had purchased came up for redevelopment this year, with a corpus being paid and a new house will be given in about 3 years. At this point, the 4 siblings are not in agreement on how the money should be divided, and I need legal advice to understand the options available if I feel the division is not equitible. The property is not ancestral. It was purchased in the last generation.
Asked in Family Law from Bangalore, Karnataka
If you 4 are the only legal heirs survived by your father then all of you are entitled to share the corpus in equqal share.
i find where is the cope of disagreement on this.
Ad far as the developer portion is concerned you have to agree on it. You may thin of compensating a particular co-sharer if he is not ready to accept his share in the property.
1) on the demise of father all 4 children have 1/4th share in the house standing in name of deceased father
2)since your father died intestate ie without a will obtain letters of administration from court in name of legal heirs
3) you can also file suit for partition .
1. In the absence of a will by your father the division has to be equal unless any of his children agrees in writing to take a lesser share.
2. If there is a consensus on division among all of you a partition deed can be drawn up to amicably divide the properties.
3. If your share is denied to you then you can go to court and file for partition to cull out your share.
1. Was it your deceased father's self acquired property. If so, did he write any 'WILL' or died intestate.
2. Apart from the 4 siblings, your mother, if she is alive, will also have equal share in the property, if the person has died intestate.
3. All of you can execute a 'Family Settlement Deed', wherein the property shared by each one of you can be detailed and agreed upon by each and every legal heir.
4. Either all of you can physically get the property partitioned by metes & bounds or else the property can be sold and the money divided equally or as decided by all of you in unison by working out the percentage of shares each one has to get and come to a conclusion by all of you.
The intestate property left behind by the deceased father will devolve equally on all his legal heirs which include the wife of the deceased besides his children and his mother (if living);
If one of the legal heirs is not agreeing to the mutual arrangement within the family, there is no other alternative than to knock the doors of the court with partition suit upon which the court will decide further course.
who was the owner of that property?
how are they all claiming over the property?
what are the relations between them with deceased or owner of the property?
Advocate, New Delhi