• Self acquired property - first owner (father) demised in 2006

Question is on inheritance of Father 's share among live 7 kids in absence of 
A. WILL 
B. 2nd Owner is alive and paid most of the House Loan 
C. this property is not a ancestor Property 

1. his (father's ) death can give inheritance of his share to his kids ? 
2. if yes, what are the options avaialble to 2nd Owner to sell the property 

3. if no, is 2nd Owner has sole ownership to this property and can sell it without any interference from siblings (father's kids) ? 

Please advise. 

Thanks
Dee
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

On father demise his share would devolve on his wife and children equally 

 

2) co owner can sell his share in property to legal heirs of first owner 

 

3) in alternative if he finds a buyer sell his share to third party 

 

4) in alternative file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

2nd owner admits that a part of the  loan amount is contributed by others. Such contribution by other makes the  property ancestral in the  hand of second owner. He cannot sell the  property without consent of other legal heirs. His kids have share in the  property.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

As per Hindu Succession act, the property of male dying intestate shall devolve equally on all his legal heirs.

Your father's share in the property shall devolve equally on all his legal heirs including the second owner, if he is also one of the legal heirs.

Therefore the legal heirs of the deceased should take steps to either partition his share in the property amicably on the mutually agreed terms, or if one or more than one do not agree for amicable partition then the aggrieved parties can approach court of law for partitioning the property and for allotment of their respective share with separate possession.

If the share of the deceased property is agreed to be divided among the legal heirs, then they can draw a partition deed, get it registered and acquire their share by getting the revenue records transferred to their names accordingly.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

If the father died without making a will, his assets shall be distributed according to the Hindu Succession Act and so the property shall be equally divided among the Class I legal heir of the deceased.

If the 2nd or what we call a co-owner of a property is willing to he can sell his undivided share in the property provided the purchaser is willing to make a purchase in the said manner. The only other way is to partition a property, either through court or through a partition deed, and then affect sale of divided property

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

In the absence of a Will, after the death of the father, all the Class-I legal heirs, his mother, his wife and his children shall be entitled to an equal share each in his estate. It is not clear who the second owner is. If the property is jointly owned by the deceased (father) and the second owner, the legal heirs inherit only 50% undivided share of the deceased and the second owner, the remaining 50%. In that case, the second owner cannot sell the entire property.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. Yes if there is no will and property is self acquired 

2.. To take noc from other legal heirs

3. Yes

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

1) All legal heirs name can be registered on property card on father's demised. You have to just apply in the nearest tahsildar office along with death certificate and all siblings & mother name for legal heirs.

 

2) 2nd owner has to take NOC from Deceased other owner's all legal heirs.

 

3) NO 2nd owner can't sell property without consent of first owner's all legal heirs.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If the title is jointly held by the Father, since deceased and another person, then all the legal heirs of the late Father will equally inherit the 50% share of the said property.

 

2. The 2nd Owner can not sell the entire property without the consent of the legal heirs of the deceased Father being the other Title holder of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

- As per law, after the demise of father intestate , his property would be devolved upon all his legal heirs equally 

- Further, if said property is in the name of father , then the 2nd person cannot be declared the owner of that property only by way of funding the amount for the purchasing of that property in the name of father. 

- However, he can be declared as the owner of the property during the life time of father after filing a declaration suit  before the court. 

- However , if the 2nd person is the joint owner of the property , then he can sell his respective half share plus the equal share in the fathers share without taking the consent of other legal heirs. 

- Further, if the property is in the name of 2nd person , then he can sell the property without taking the consent from siblings. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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