• Property rights of children

My father died without making any will. We are 3 children and step mother, we children want to sell the house our father has built with his own money and devide the money equally among four but step mother doesn't want to do so. she wants to keep the house as it is and wants give her share of house to her children from her previous marriage. Registry has all four names in it. What can we do legally ?
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

File suit for partition for division of property by metes and bounds 

 

2) in alternative sell your undivided share in property 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

- Since that property was self acquired property of your father , then he was having his right to transfer the same to any one as per his own wish, and none having right over the same. 

- But, if he died without written any WILL , then the property would be devolved upon his legal heirs. i.e. your step mother and three children equally in the ration 1/4

- Further , if the children out of first husband of mother is not adopted legally by your father , then they will have no right in the property left by your father. 

- Which registry has four name ? 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

1. The 3 children may file "Partition Suit" in the local Civil Court, for their share of the property that was owned by Father.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5541 Answers
25 Consultations

5.0 on 5.0

You do not need to relinquish your share of the property, ask her to give NOC, if she is not ready to sell that house then ask her to pay for your share on market rate. in that case, your share will be sold to your step mother.

If you do not want to transfer your share to her in any case, then only option that left is partition of her share and the remaining portion you can sell. 

Sanjeev Gupta
Advocate, East Delhi
98 Answers
1 Consultation

5.0 on 5.0

Since the property left behind by yor deceased father upon his intestate death, devolves equally on all his legal heirs consisting you three and your stepmother, you three cannot force your stepmother to sell her share of property along with you people by force or against her willingness. 

If she is not wiling to sell her share in the property, you can arrange for an amicable partition, draw four schedules of proeprty in the partition deed, allot her share of property and can sell the other three share of property without her consent after registration of the partition deed. 

If she is not agreeing for an amicable partition also, then you can file a suit for partition seeking division of property into four equal shares and to allot your share in the property with separate possession, which will solve the problem legally.

 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

She can give you the money of three shares and keep the home. otherwise it will be sold to divide it by the court.

Gopender
Advocate, New Delhi
299 Answers

4.9 on 5.0

  • Your step mother has a legal right in her husband property after his death, so it is divided in four of u having 1/4 part each. 
  • You can give d payment of her part and ask her to agree for the sale of d house. None of you can sell d property alone. You have your right only on d 1/4th part. 
  • If matter goes to d court it will accordingly divide d house in 4 parts. 

 

Sital Patil
Advocate, Kota
138 Answers

Not rated

1. It is her share of the property and she can deal with it in any way she decides.

 

2. you can file a partition suit and get the property divided and demarcated by metes and bounds by Court commissioner and thereafter sell off your share of the said property.

 

3. You can also sell your undivided share of the said property after offering your step mother to sell  the same and leave the job of partitioning the property by filing a partition suit in the hand of the buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

1. Since it is a dwelling house, wherein a co-owner does not agree to sell her share, the other co-owners can sell their individual shares, but the buyer will have to file a suit for partition in the civil court and get a decree of partition in his favour to get the possession of the share sold to him.

2. Unless the property is partitioned on court orders, the buyer cannot get the possession.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

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