1)on your father demise you have 1/4th share in your father house
2)you can file suit for partition to claim your share in said property
3)however since your brother is unemployed it would not be fair at this stage to proceed legally against him
Father's property succession
I am 44 years and I have 1 brother and 1 sister. My father died in 1995 and my mother retired in 2003.My sis got married and is living with her husband. My bro went abroad for 11 years.Meanwhile we renovated my fathers house by putting in equal amount (mother/brother/myself) and I continued staying there for 6 years with my mother, wife and children. I then built an new house in a different locality and shifted there along with my mother. My brother returned he is currently unemployed and continued to live in my fathers house. Now it is 4 yrs since he is staying there and is not intrested in my mother staying with him. My mother also does not want to go and stay with my brother. However she does not want us to ask my brother a share in my fathers property.What legal rights do I have on my fathers property.
Asked 9 years ago in Property Law
Religion: Christian
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7 Answers
After we moved to our own house, we had locked my fathers house for 4 years and then my brother came and occupied it. We have not got any benefit from my fathers house except that we lived there for 6 yrs. Now my brother is settled in that house. He is neither parting with a share nor does he pay any money to my mother.My mother says since we have built a house why are we behind him for share.She is telling us to divide equally after her death.My sis does not have any share in my fathers property( she has signed accordingly) My mother says will is already made for equal share ( between both brothers) after her death. But I am not getting any benefit now though I have put in money equally for renovation. Please advise us legally what can be done to settle amicably.
Asked 9 years ago
1) your mother is absolutely correct
2) divide the house after your mother death
3) she would not want at her old age to see her sons slugging it out in court for share in father property
4) your sister will not have any share only if she has executed deed of relinquishment and it is duly stamped and registered
5) your mother can make a will bequeathing her 1/ 4th share equally among her 2 sons
1. After the demise of your father his wife and children got an equal share in the property unless he made a will.
2. Since all of you are co-owners, any one of you is at liberty to file for partition to cull out your specific share in the property.
3. If there is an agreement among all of you to divide the property the division can amicably take place by executing a partition deed.
The property of your father left intestate will devolve equally among all his legal heirs therefore legally you are entitled to 1/4th share in it. If your sister had executed a registered release deed relinquishing her rights in the property in others favor, then the property can be partitioned equally into three shares. If your mother is not favoring a partition, she can bequeath her share in the property in anyone's favor or if she is passing away intestate then her share will again devolve on all three of you, so it is advised to settle with an amicable partition among yourselves or by a family settlement instead of stretching it into litigation which may prolong for decades.
A. As per the Law in Chritian Community: Where an intestate (without will) has left a widow and if he has left lineal descendants, that is, children and children’s children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow. Where the intestate has left a widow, and where there are no lineal descendants, the widow’s share is one half of the estate of the intestate, as is provided under section 33(b).
B. Where an intestate has left no child, but only a grandchild or grandchildren and no other remote descendant, the property shall belong to the grandchild if only one grandchild is left by the intestate of if there are grandchildren, the property shall belong to the surviving grandchildren in equal shares. It means that in a situation contemplated under this section, the distribution is per capita and not stirpital
C. Where a Will was executed by a deceased, succession to his property is regulated by the provisions of the Will. If an executor is named in the Will, he has to get the Will probated as it is mandatory under section 213 of the Indian Succession Act.If no executor is appointed by the Will, anyone of the persons claiming a right under the Will can file a petition for obtaining letters of administration as is provided under section 219.
D. Therefore, in the absence of a Will a suit can be filed for establishing the rights which can be followed up by partition. Against a preliminary decree in a suit for partition an appeal will lie and Final Decree will be drawn up only after the decision in the appeal. To give effect to the Final Decree, in case of difference of opinion among the parties, execution proceedings will have to be instituted. For and on behalf of the deceased, the grantee of probate or letters of administration alone shall have power to sue or prosecute any suit or otherwise act as representative of the deceased as is provided under section 216.(Sources Internet and law books)
1. All the legal heirs of your deceased father being your mother, brother, sister and yourself have equal right on your father's property,
2. You all or any one can file a partition suit claiming share on your decsaed father;s property, if you so desire.
1. Your mother has 1/4th share of your father's property (1/3rd if your sister has relinquished her share),
2. She can execute a Will for her share of 1/4th or 1/3rd of your father's property and not for the entire property,
3. You can file the partition suit if you so desire going against the wish of your mother.