• Rights in a multi story house

A and B have respectively inherited G and 1F of a multi storey home comprising of G&1F , by a mutually agreed partition deed after the death of their father . B passed away , leaving 1F to C&D . What are the rights of C&D in the event building becomes dilapidated & needs to be resonstructef? Do they have equal right as A?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1. Yes, they have equal rights,

2. the cost for making the 1F will be borne by the C&D

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

C and D have inherited B 50 per cent share in property 

 

2) on redevelopment C and D would have equal rights as A 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

It seems that c and d are the legal shares of B and will get share from share they got from  heritance so the decision of property will be held according to the partition deed between A and B.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

They shall have equal rights in the redevelopment as per there share. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

It all depends upon family settlement if any or Will if any or as per Sections 8 and 15 of Indian Successions Act if they belongs to Hindu religion.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Since A and B had their rights in the property the rights of B have been automatically transferred to C and D  by way of the testamentary disposition made in their favor by B.

Therefore C and D combined inherit the rights of B which is equal to the rights of A in the structure  respectively as well as in the land beneath the structure.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

A and B have 50% share each in land. And C and D can have 25% each of B share. So if G and 1F constructed than C N D have half share in F1.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

C and D will have rights what B had and will be equally divided

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

C & D  have equal rights, If there is no will.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Since "B" is the owner of 1F, the legal heirs (C & D) are legally entitled to unrestricted rights & title-ownership over 1F and ALL subsequent developments /reconstructions /benefits accruing (to the extent of 1F).

2. Rights of C & D would be restricted /limited to the Area ratio of 1F and not on the Area ratio of G.  Hence IF area of G is more then 1F, THEN "C & D" shall not be entitled to any benefit accruing out of area of G.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

They will inherit complete share of B which is 50% of total property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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