Male - 40 years, Me with my wife and 2 kids are staying in a House built by my father along with my mother. My father is dead in 2009.I have been paying tax on behalf of my father. But my mother is insisting us to leave the house so that it can be occupied by my sister who is a divorcee. She is picking up fight everyday to vacate the house. Do i have any legal way to stop her insisting me to vacate this house . What share would i have in this house if my sister claims legally for property.Also would my wife / kids have any legal right to claim this house in case of my death?
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If property is in joint babes of your father and mother on father demise his share in property would devolve on your mother , you and your sister equally
2) you can file suit for partition for division of property by metes and bounds
3) seek an injunction restraining sale of property by your mother and sister
4) on your demise intestate your share would devolve on your mother , wife and kids
Dear sir,
After the death of your father, you, your sister and your mother, all are entitled to 1/3rd share in the House. Moreover you are in a settled possession of the house so you cannot be thrown out.
Since it is a domestic dispute, it is advisable that you settle it amicably by making her understand the legal position. Otherwise you can obtain an injunction from court to prevent your possession.
You cannot be vacated unless you mother and sister move to court to claim a partition. In that case, if they insist, the property would have to be sold and money divided into 3 shares. (Because it is usually not possible to partition a house in three pieces)
After your death, if do not make a will, your property would be divided into 4 share each between your mother (if she is alive by then), wife and two kids. However, you can make a will of your share exclusively in the favour your wife and kids.
Hope this helps.
Best wishes.
You have 1/3rd share in the property. You have every right to live in the house. No right of wife and kid.
Mother and sister have 1/3rd share each and mother can only give her 1/3rd share to sister.
1. Assuming that your father died intestate ( without executing a WILL ), then the right to a share in the property devolves into your mother, you and your sister ( assuming that except you and your sister there are no other siblings ), i.e., 1/3rd share each.
2. All the three of you, i.e., your mother, you and your sister will have inherent right to stay in the property at their sweet wish and will. No legal heir can force the other one to vacate the property.
3. Your mother can't force you to vacate the house, as you also have equal right on par with her and your sister to stay in the property as per your wish and will.
4. All the three (mother, you and sister) can partition the property equally by metes and bounds.
5. In case of your intestate death, your 1/3rd share in the property will be further subdivided amongst your wife and two children equally within your 1/3rd share.
1. If your father was the owner of this house and he died without any Will then on his death both you, your mother and sister have inherited this house in undivided 1_3rd share.
2. In such circumstances you have an undivided share in the house along with your mother and sister.
3. So one can ask other to leave this house and if the situation worsens every day then file a suit for partition in civil court which would both declare your share in the house and demarcate it for your separate possession 4. Your son has share in this house though your wife has nothing except right of residence during your life.
A. When a male Hindu died intestate (without execution of will) that property will be divided between all the class 1 legal Heirs equally. Therefore you being a one the legal heir you are entitled to equal share over the property.
B. Hence, either your mother or sister can't evict you from the house. You can file a case against all the legal heirs to partition the property.
- Since, the said house was built by your house , so it was his self acquired property , and he was having his right to transfer the said house to any one as per his own wish.
- However, as your father died without leaving a WILL , hence his property would be devolved upon his all legal heirs i.e. your mother , you and sister.
- Further , your mother cannot give the said house to your sister without taking your consent legally, and you have your legal right to occupy the said house and your mother cannot remove you as per law.
- You should ask your share equally i.e 1/3rd by way of property or value of the same , from them , if refuse then file a suit for Partition after issuing a legal notice .
- Yes, after your death , your legal heirs i.e. your wife and children can claim your share in the property legally.
Good luck and dont forget to taring Positively.
Hello,
Dear Sir,
Fathers property will be divided as per section 8 of the following Act.
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Section 8 in The Hindu Succession Act, 1956
(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.
Class I heirs are
sons,
daughters,
widows,
mothers,
sons of a pre-deceased son,
widows of a pre-deceased son,
son of a pre-deceased sons of a predeceased son, and
widows of a pre-deceased son of a predeceased son.
Sir you being the legal heir/ successor of your father have the equal right in the property as your mother, therefore she can not force you to go out or leave the house.
You can not stop her from fighting but you can always inform her about your share and right in the property.
Yes your kids would have the share in your 1/3 share in your part of the property in case something happens to you.
No she can't as you are also shareholder of the said property
1. IF Title-Ownership Document stands in name of Father & Mother, THEN:
a) Father = 50% owner
b) Mother = 50% owner
2. IF Father died WITHOUT making WILL, THEN Father's 50% share is divided in 3 parts of 16.66% each, as follows:
a) Mother's Share becomes 50% + 16.66% = 66.66%
b) Son gets 16.66%
c) Daughter gets 16.66%
3. Mother and Sister CANNOT claim 50% of Father's property. You are legally entitled to 16.66% share, which includes "Residing Rights", without any exceptions whatsoever and whichsoever.
4. Your Children will inherit your share of 16.66%
1. See on demise of your father without will you your sister and mother shall equal share in property she cannot force you out. You may file suit for partition of property and may claim your share.
Yes, you do have right in the property left by your father.
You, your mother and your sister have equal share in the property.
You can file suit for partition of the property and also seek interim relief of injunction against your mother from disturbing your possession till disposal of the main suit.
Upon your death, your mother, your wife & kids will have share.
You and your sister have 50%share each..
File suit for partition
You are entitled to a legitimate share at par with your mother and sister in the properties left behind by your deceased father who is reported to have died intestate.
Your mother cannot force you to get out of the house since you also have an equal share in the property.
If she is still troubling or torturing you then you may file a suit for injunction restraining her from indulging in such activities to throw you out of the house.
You wait for her file a partition suit so that you can get a relief through that suit.
Remember that your sister is also having an equal right in the said property.
If the property was in your father's name then your sister mother and you have a share. Even your children and her children too have a share in the property. She cannot forcibly evict you.
File a partition suit .
1. If your father passed away intestate then on his demise it has devolved on his widow and all children equally.
2. Since you have an indefeasible 1/3rd share in the property you cannot be evicted from the house.
3. You are free to file a suit for partition to cull out the separate possession of your share in the property.
4. If you die intestate then on your demise your share will devolve on your Class 1 heirs (mother, wife and children).
You have not mentioned whether your father left a will or not?
If he died intestate on his death your mother and all children have equal share in said property.
You have to file a partition suit to get your sharr in the property as this property is acquired by your father and there is no way you will be sharing this property along with your mother and sister your mother have no right to tell you to leave the property please be aware that you have to pay stamp duty for filing the partition suit according to the value of share in the property
1. No mother cannot force her son to vacate the house of father after his death.
2. You can claim your share from house by filing partition suit against your mother and sister.
3. Yes your son and wife can claim your share from your father's property after your death.
