• Common property issue

My grandfathervhad made a house of which after his death his 3 sons became joint owners. Now my father has died. I want to know my legal rights on the house after my mother. Also is house tax submitted on the property name or individuals name? My uncles are now saying they will submit the property tax in their name. Earlier all 3 brothers were involved. Is that a risk for my mother and me on the house right? Please help.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1. Well if both your grandfather and father has died without any Will and except 2 other uncles there is no aunt then your father had 1/3rd share in the property and on his death his 1/3rd share gets devolved further among your siblings and mother, if any. 

Your liability to pay tax depends on your share in the property. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

On father demise his one third share in property would devolve on your mother , you and your siblings 

 

2) apply for mutation of father share in property in name of legal heirs 

 

3) enclose father death certificate 

 

4) if no objections are received mutation would be done in your names 

 

5) property tax bill mentions name of owners as well as details of the property 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. As a legal heir of your Father, you & mother will have to file a "Partition Suit" in the local Civil Court, for your share of the property and for directions to the Revenue /Municipal authorities to incorporate your and mother's in their records in place of father's name.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

After death of your grandfather his three sons are the legal hairs and the title holder after property after the death of your father the legal heirs of your father will become the property title holder in this regard the property tax in municipality can be deposited by any name but that will not reduce your right on the property however it will always be good to deposit the property tax in the name of all the legal title holders this is undivided property and if you wish to get your portion divided then you have to file a partition suit in civil court in this regard however please be aware that if you want to to file the partition suit to identify your portion then you have to pay a the court fees based on the value of the property of your share.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If it's your mothers property you will have equal right in the share of your mother. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear querist, 

 

You will be entitled to the share which your father had devolved from your grandfather which will be equally divided between 3 brothers i.e. 1/3 and subsequently after your father demise 1/6 to your mother and 1/6th to you respectively. Since, you father has died intestate, the best legal recourse for you will be if other share holders agree for a mutual partition deed that will be the best legal recourse to safeguard your share in the property. However, if they are not supportive, then a partition suit to the effect of devolvement of your share and your mothers share. 

in case you need my assistance in the matter, i can be contacted here on linkedin, 

http://linkedin.com/in/yuganshu-sharma-655091183

 

 

regards,

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

- As per law, after the death of your father, his share in the joint property would be devolved equally upon your mother and son , daughter if any. 

- If you are only son of your parents , then after the demise of your mother ,legally you can claim fathers share in the joint property. 

- If the property is till date joint and not partitioned then also the house tax should be submitted in the name of all joint owners i.e your mother in the absence of your father. 

- Property tax is mere a tax to the government and nothing more . It means one cannot claim ownership after paying the property tax in his name. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. After the death of your father his share has devolved on his Class 1 heirs (widow  and children) equally.

2. You are free to file a suit for partition to cull out your share in his share.

3. House tax bill is not a document of title.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property left behind by your deceased grandfather shall devolve equally on all his legal heirs, if he is reported to have died intestate.

Thus since your deceased father was one of the legal heirs, he was entitled to a legitimate share in that property s a right.

Now upon intestate death of your father, his share of property shall again devolve on his own legal heirs consisting his wife, children and mother (if living).

Therefore you can seek partition and separate possession of the share of your deceased father from your paternal uncles.

If they refuse to accede to your demand then you can file a partition suit and seek separate possession of a share of your deceased father.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

This is an ancestral property and hence all his sons ie your uncles, and you and their children and your siblings have a share in the property.  The house tax should be deposited in the name of all the heirs after mutation.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes, add your mothers name in paying the property taxes. 

Your father's share is of your mother now and after her it will be your right over it.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The property tax had to be jointly submitted by joint owners in name of all joint owners.

2. You along with your other siblings if any and mother shall have equal right on father's share in absence of will by father. Further on demise of mother without will her share shall also be distributed equally in all her legal heirs. 

3. You may file partition suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

As per your Grand Father's (GF) wish your father becomes 1/3 share holder in house left by your GF.

You alongwith your mother will be entitled to the 1/3 share of property left by your Father.

Property Tax receipt does not give ownership.

You can send them notice seeking partition of property, if they refuse, you can file suit for partition of property and divide the same by metes and bounds and allot one such share i.e., 1/3 share of your father to you and your mother.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

After father denise, his share inheirted in you and mother equally. Both name or your name will replace in House tax receipt.

No risk.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. After the demise of your father, you and your mother became the joint owner of your late father's share of your grandfather's house.

 

2. The property tax for the house should be filed by your two uncles and you and your mother.

 

3. You and your mother can ask for registering a partition deed for partitioning the said house duly dividing and demarcating your share of the house.

 

4. If your Uncles refuse to register a partition deed, file a partition suit for which the Court will partition the property through Court Commissioner.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

file a civil suit for partition before the civil court along with an application of temporary injunction under Order XXXIX Rule 1 & 2 of CPC. you and your mother shall get the share as your father would get.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

 your father and your two uncles are class1 legal heirs. 

after death of your father without leaving will his share devolve on class 1 heirs i.e your mother and children's. 

you can apply mutation of property in the name of hiers. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

At one point you are saying your father and his brothers become joint owners. So has the property been divided. If it is divided there is no issue of you losing your right.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. You will have rights over share of your father and mother if you don't have any other sibling. 

2. The property tax is for property but will be on name of owners of land.

3. You can claim your share in the house through partition suit if your uncles refuse to give you any share. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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