Hi, I am 65 years old, staying in a 70 years old joint house which was created by my father and the land was gifted to him by his father-in-law. Total land is 9 Katha, out of which house is situated in 5 Katha and 4 Katha contains the garden area. My father died in 1986. Since then I am taking care of all sorts of Maintainance and taxes of this house. We are 3 brothers and 3 sisters. 1 sister died last year. Apart from me, no one is staying in this house for the last 20 years. Last year, I have built 4 rooms on the first floor on my own. Now my siblings are asking for partition. I don't have enough money to give them their shares. What shall I do now? Note: I don't have the original documents of this house, and as per my knowledge, even my siblings don't have the original copy. I have duplicate one. Please answer considering both the cases, if we don't have the original copy and if someone has it... Thanks in advance, Regards, Goutam Banerjee Bankura
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1. On the intestate demise of your father the house devolved equally on all his Class 1 heirs which are his widow and children. So the share of your siblings is equal to your share.
2. The certified copy of the sale deed and gift deed can be obtained from the office of sub-registrar.
Since the property devolved on your father through gift deed...it is his self acquired property. Hence all his children and wife gets equally. Your staying over the property will not give you any additional right. However if you can establish that you made construction on your own with self earned funds... you can claim for that additionally while ascertaining your share. Either you can settle their shares by retaining the property or alienate and take your share in the land and also for the construction you raised with your funds.
Can I claim whatever I have invested for this house like maintenance cost and the part I have recently created?
1. On death of your father all your brothers and sisters have equal share including the children of your sister who has died in the meantime.
2. In an undivided house one can not make additions. alternations and even improvements and if one do then he does at his his peril.
3. So even if your are having possession of the house exclusively you can not deny the share if your siblings and children of your deceased sister.
4. So all of them sit together and make a amicable deed of partition wherein you can keep the portions which you have built.
5. otherwise any of them can go to court and thorough partition suit will get decree of court of their share and separate possession.
The investment was done voluntarily by you, hence you cannot claim it from other heirs.
On father demise your mother , you and your siblings have equal share in house
2) on sister demise her share would devolve on her husband and children
3) you should agree for execution of deed of partition for division of house by metes and bounds
You are staying in house so you should near the maintenance costs
2)you can claim money spent on building additional rooms in house
As per the facts it seems the property is not ancestral one.
It would be treated as self earned property of your father. All brother and sister shall have equal rights.
You siblings have no right to the property during your life time .
You can apply to registration office for certified copy of the relevant focdocume deeds.
Engage one local advocate to get the land documents from land revenue office.
You can file a police complaint and paper publication. You can seek certified copy of registered documents from sub registrar.
See firstly having original copy doesn't give ownership rights all siblings as per succession law has equal share in the property and they can file a partition suit for same.
See you cannot claim invested amount ad you are using it and done same on your own wish.
On father intestate death, all have 1/6th share each. They can claim partition. Since you in long possession of property, can try to claim title by adverse possession agasint co owners.
Deny them straight of all rights, and entrance in property. This should be from 1986.
Originals are must, apply for certified copy at sub registrar office, at least gift deed.
Can I claim whatever I have invested for this house like maintenance cost and the part I have recently created? -- NO, as it is done by your own and not under their consent.
1. If you don't have money to give shares to your siblings then you should just tell them to file partition suit if you don't want to solve the matter amicably.
2. Or you should solve the matter amicably by mutual settlement and make settlement deed or partition deed with you siblings and legal heirs of deceased sister.
3. Through partition suit in court you may not be able to claim your invested money on the house but through amicable settlement you can claim your investment before executing settlement deed.
1. Not having original title deed will not be a problem for seeking partition of the property by the legal heirs of your father, since deceased.
2. Certified copy of the property can be availed by anybody from the office of the Registrar for filing the suit.
3. All the living children of the title holder of the said property and the legal heirs of the demised children of the title holder of the said property have equal right on the said property.
4. For claiming the share of the said property, the legal heirs jointly or individually can file a partition suit praying for an order from the Court for partitioning the said property through Court Commissioner by metes and bounds.
1. You can claim the amount you have spent for maintaining the said property and also the amount spent for constructing additional rooms.
2. The Court might direct the other parties to share the said expenditure incurred by you.
- As per law, after the death of your father, now all his legal heirs, whether alive or not become the sharer into the said property.
- If any legal heir died without getting any share , then their legal heirs having right into the same.
- Further, they can seek their right after filing a partition suit in the Court.
- Hence, you cannot deny their share legally, even you are living into the same since longer period or have constructed the same.
- Partition suit can be filed in the absence of any property documents , if admitted by other legal heirs.
- However, you can ask for the expenditures of alternations , constructions etc at the time of partition from the siblings.
- Since , you are having a duplicate copy of the property, then after giving details in the office of the Registrar , you can get a certified copy , which is very much acceptable for all purposes.
The original document is not a criteria for claiming their rightful share in the property.
As you said that this property belonged to your deceased father, being one of the legal heirs you are entitled to a legitimate share in the property left behind by him at par with the other legal heirs of your deceased father.
You cannot deny the other shareholders their legitimate claim for their share in the property.
To avoid stretched legal battles in the court over a partition suit, you all may sit and talk about the settlement or partition on mutually agreed conditions which will benefit everyone.
If no consensus has been arrived then the court of law can interfere in the situation in a partition suit and would divide the property equally among all the legal heirs.
Your claim may not be maintainable because you had been staying there without paying rent to other shareholders, and all those constructions were made by you without taking permission from other shareholders, for your convenience alone, hence if others do not agree to compensate your investment then you cannot legally do anything about it.
on demise of father without will, You and your siblings are co owners.The co-owners of the property can partition it by metes and bounds. The partition can be in an agreed ratio or as per the law of inheritance applicable.
you cannot claim invested money or maintenance.