Actually as per succession law all have equal rights in the property. Your brothers also have their liabilities in the said property.
My Share in Shop and Agricultural land
Hi, I am Akash Age 61. I have a shop and agricultural land in Madhya Pradesh village, Purchased by my father who expired in 1998. Since more than 35+ years i am running the shop (atta chakki / floor mill), as well as farm and is under my custody. maintenance, Gram Panchayat tax, electricity bill etc all were paid by me. I have three more brothers, they never stayed in the village. I want to rebuild the shop but my brothers are objecting to it. Since this both property is purchased by my father, my mother also expired. So how much will be my share in both the properties which is in my custody. Whether My 3 brothers also equal owners of this both property? Please guide..
Asked 4 years ago in Property Law
Religion: Hindu
18 Answers
On father demise you have one fourth share in shop and land standing in father name
you cannot demolish nd rebuild shop without consent of your siblings
Yes, as per Hindu Succession Act all legal heirs have equal share in the property of father purchased or inherited. Legal heirs whether Male or Female will have equal rights share in the property as per amendment in 2005.
As per the law, you all get equal share and since neither your father nor your mother made as it seems all of you 4 brothers have 1/4 share each in the property.
Since you have been in possession alone of the properties for such a long time, you may file a suit for declaration of title on the ground of adverse possession. However the suit will only be for the purpose of getting your brothers to settle the matter and allow you to renovate and it is unlikely that you will succeed in the suit since the legal position remains that you all have equal share in the property.
1. Since your father died intestate on his death all his properties are liable for equal division in 1/4th share.
So in other words you don't have more than 1/4th share.
Since they are not much interested in the joint property settle with them amicably by getting a release deed in your favour.
They may ask for money which you can negotiate.
- Since , the said properties were purchased by your deceased father ,and who died without leaving any WILL , hence the said properties would be devolved upon his legal heirs equally .i.e three brothers including you , as your mother has already expired.
- Hence , your share will be 1/4 th of all the properties left by your father.
- You can settle the dispute with your brothers after executing a registered settlement /partition deed .
1. IF Father did intestate (without preparing WILL), THEN all his available residual legal heirs (means all Children), shall have EQUAL stake /claim in property standing in name of Father, on date of his death.
2. The above is without any reference to who was managing or making expenses for the property. You may proceed to rebuild the shop, keep all relevant documentary evidences to that affect and let the brothers keep objecting.
3. However, since you were managing the property, you are entitled to recover the "Capital Expenses" that was conducted for maintaining or upkeep of the property.
4. Presume you do not give 1/4 share each to 3 brothers, THEN brothers shall have no option but to file Partition Suit in local Civil Court, to claim their share ratio. All this court case will take more than 10-15 years to settle and ultimately such issues would have to be settled amicably between the brothers.
The property will be divided equally.
All brothers including you will have equal share in the both properties shop and agricultural land. But by Mutual Understanding you can solve this problem and purchase their share who do not wish to come in village again. and you can pay them a market price and make a relinquish deed agreement.
Since your father died Intestate, you have 1/4th equal share each in the property. However, you can discuss the matter with them that you are running the shop for the last 35 years and whatever your share you can take keeping in view the market value of the shop at the time of death of your father in 1998. Those who are agree or disagree negotiate with them and get a relinquishment deed in respect of their share registered in your favour.
Dear sir,
It appears that your father has died without making a will. If that is the case, both the agricultural land and the shop is liable to be divided in 4 shares of 1/4 each. If you have any sister, then shares will decrease accordingly. Basically all the siblings get a share each.
You can enter into a family settlement agreement under which you can pay them some money and they can relinquish their rights in both the properties or only the shop.
Alternatively, you can agree to give them some share in profits from earnings out of the floor mill.
It all depends on how you negotiate.
Hope this answer helps.
Best wishes.
All the siblings have an equal share in the property. Act accordingly.
Yes your brothers are equal share holders of the property.
Ypu 4 brothers will have 4 equal shares
1. Since the property was owned by your father it devolved equally on an his heirs if he died intestate.
2. The share of your siblings is at par with that of your share.
3. A suit for partition can be filed by you in this scenario.
All have 1/4th share each. when your parents expired ?
On the basis of adverse possession, you can claim sole ownership agasint brothers.
yes your sibling consent required.
if there is no will then, all brothers are equal owners in said property .
You can claim one fourth share from the property of your father because as legal heirs your brothers also have equal rights in the property of their father.
Even though you had been in possession and enjoyment of the property both shop and agriculture, it originally belonged to your father and he is reported to have died intestate.
Hence the properties left behind by him shall devolve equally on all his legal heirs.
Therefore you are entitled to one third share in it alone.
You may enter into a compromise and try to settle the matter amicably.
