• How will money be divided on selling house

Dear Sir, 
We have a house in Serampore , District :Hooghly, West Bengal. House is in my father's name. Both my parents are living. My brother (unmarried) lives parents. I live outside in Delhi. We are planning to sell the house. Suppose the price of house is Rs.50 Lacs. How is the money to be legally divided. Will I get half the amount ? If my parents and brother shifts to a flat and say the flat costs Rs.25 Lacs, will I get the balance amount i.e Rs.25 Lacs. My only daughter is not well and I need some money for her treatment.
Asked 3 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) you wont get a penny . sale proceeds would be received by your father only as he is absolute owner of the house 

2) you can ask your father for some loan for your daughters treatment 
Ajay Sethi
Advocate, Mumbai
46704 Answers
2763 Consultations

5.0 on 5.0

1) your father can contact any advocate to draft his will . 

2) will has to be executed by your father in presence of 2 witnesses 

3) registration of will is optional 

4)we do not comment on other websites . 
Ajay Sethi
Advocate, Mumbai
46704 Answers
2763 Consultations

5.0 on 5.0

1. Since the house belongs to your father he can do anything with it or its sale proceeds.
2. Neither you nor your brother has any share in the money.
3. For will don't bank upon any sample format. Rather engage an advocate and get the same drafted by him. It's advisable that you get the will registered though the same is not compulsory.
Devajyoti Barman
Advocate, Kolkata
13135 Answers
174 Consultations

5.0 on 5.0

The property is in the name of your father and assuming it to be his own property, you do not have any rights in it during his life time and also after that if he has bequeathed the same to anyone else by a Will.  You cannot claim even a single penny forget about half share in the sale proceeds.
If your father would execute a will making bequest accordingly, and you are the beneficiary then you may claim it once the will is coming into force. 
You sit and talk to your parents about division or disposal and to give you a share of the sale proceeds for the treatment expenses of your daughter, they will certainly accede to your request.  
T Kalaiselvan
Advocate, Vellore
36869 Answers
403 Consultations

5.0 on 5.0

1. The house is owned by your father who is alive. So he is at liberty to decide how to divide, if at all, the sale proceeds. 

2. During his lifetime none of his children has any share in the house. He can refuse to give any share in the sale proceeds to his sons.

3. Your father is at liberty to execute a will. Engage a lawyer to get the will drafted. Do not proceed to draft it yourself under anyone's guidance.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

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