Hi, My mother has a property in her name to date. She passed away in 2004 when I was 3 years old. In 2005, my father remarried. From the second marriage, he has a son. Now, My father also passed away and my stepmother is not allowing me to live in the house. My questions are 1) Will the property be divided? 2) if yes, how will it be divided from the ground or floor wise? 3) if no, how should I proceed further?
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1. & 2. Yes. As the property was originally in the name of your mother hence on death being class-1 legal heir, property was inherited by you and father in equal proportion I.e.50%-50% ratio. As now your father too has expired and if your father has not left any WILL in respect of his Said 50% portion in the property then his 50% portion is liable to be divided in equal proportion between you, your step mother and step brother.
3. You can file suit for declaration and partition and injunction.
After your mother death, her property inherited in you and father half each. On your father demise, his half share inherited in all 3 by 1/3rd share each.
You have 1/2 + 1/3 ownership in that property.
File partition suit or first try through police.
Thanks for the answers Can the following section be applied? 1). Section 16 of Hindu Succession Act - Rule 1 "Those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously." 2). Section 18 of Hindu Succession Act - Heirs related to an intestate by full blood shall be preferred to heirs related by half-blood, if the nature of the relationship is the same in every other respect. Can the partition be stopped by the above sections?
Property already vested in your father and you. Now you both are joint owners and on your father intestate demise, his share will inherit by 1/3rd each. No application of sec 16 and 18.
You and your deceased father are the legal heirs to your deceased mother.
So basically the property should be divided into two shares. After that you and your stepmother along with your step siblings are entitled to an equal share out of your father's share in the property.
You file a suit for partition claiming your share in the property as mentioned above with separate possession divided on metes and bounds.
The court will analyze the background and divide the property as per procedures of law.
If it's not divisible then the property will be sold by court and the proceeds would be disbursed to everyone proportionately as per their entitlement.
No.
Don't get confused or misguided by incorrectly interpreting the provisions of law.
You can file a suit for partition if they don't agree for an amicable and mutually agreed partition
Yea it will be divided if you go for partition. If it’s divided by court it will be as per courts order
On mother demise your father you and your siblings inherit the property equally
2) on father demise his share would devolve on step mother ,you and your siblings
3) file suit for partition for division of property by metes and bounds
4) seek injunction restraining sale of property by step mother
You cannot stop the partition
step mother has share in property
1. Since the said property was in the name of your mother , then her property would be devolved upon her legal heirs equally i.e. you and your father was having equal share in the property left by your mother
2. Further, after the demise of your father his 50% share will be divided between you, son of second wife and the said wife i.e. you have 1/3rd share in the share left by your father.
3. You right is 50+17 = 67% of the entire property
- If they are creating trouble , then you can file a suit for Partition & injunction before the court for partition of the property and to restrain them from selling the property.
Dear client,
Section 16 of the Hindu Succession Act states that among the heirs specified in the same entry, those who are mentioned earlier will have a preference over those who are mentioned later. Section 18 of the Hindu Succession Act specifies that heirs related to an intestate by full blood will have a preference over heirs related by half-blood, if the nature of the relationship is the same in every other respect.
However, these sections are applicable only in cases where there is no Will left by the deceased person. In your case, since your mother died intestate (without a Will), the above sections may be applicable.
As per the Hindu Succession Act, your father, as the Class-I legal heir, would have had an equal share in the property with you as the Class-I female heir. However, if your father has remarried, his second wife and his son from the second marriage may also have a claim to a share in the property, depending on various factors such as when the property was acquired, whether it was ancestral or self-acquired, etc.
In order to proceed further, you can file a partition suit before the court, seeking your rightful share in the property. The court will appoint a commissioner who will divide the property among the legal heirs based on their respective shares.
Thanks to all those who answered. If the partition is done. How will the property be divided by the court? 2 floors are built already built. 1- will the property be sold? then the amount be divided. 2- will the house be destroyed? and divided from the land? 3- or else the floors are given. I have a right on 2/3. 4- Can I also pay them the amount of 33% of their portion? If yes then the property rate is calculated at Market Rate or Circle Rate? I do not want to sell the property and I am Ok if the partition is done from land. Thanks
If there are only 2 legal heirs each legal heir would get one floor each
2) if property cannot be divided then court would direct property to be sold
3) house would not be destroyed
1. Yes. If property could not divided by meets snd bounds, then property is sold and Sale proceeding are divided among all class-1 legal heir.
2. No.
3. Yes, if property could be divided. You can also purchase property from court by making payment of sale consideration as property could fetch from market.
4. Yes. Market rate. Court may order for auction of property.
you can pay the said percentage and go the needful
1. If the court finds it is not possible to partition the property then it may sell the property and divide the proceeds to the shareholders accordinlgy.
2. No
3. You will be entitled to your share either immovable property or through sale proceeds.
4. If you will be successful bidder in case of auction sale, then yo can do so especially if the cosharer do not agree for your proposal.
If parities do not cooperate in partition then court will order partition.
2/3 right in land and property.
No need to sale will arise, court is competent to partition the property as per share.
Dear client
If the partition is done, the court may consider different options for dividing the property, depending on the specific circumstances of the case. Some possible scenarios are:
The property may be sold and the proceeds divided among the co-owners. This is a common solution in cases where it is difficult to physically divide the property, or when none of the co-owners can afford to buy out the others.
If the property can be physically divided, the court may order that the house be split into two parts, with each co-owner getting one floor. This is a feasible solution if the property has separate entrances or can be partitioned without causing significant damage.
If one co-owner wishes to keep the property and the other co-owners agree to this, the court may order that the remaining co-owners be compensated for their share. The compensation may be in the form of a lump sum payment or a transfer of another property of equivalent value.
If you want to keep the property and are willing to pay the other co-owners for their share, you may negotiate with them and come to an agreement outside of court. The amount of compensation will depend on the market or circle rate of the property, as well as any other factors that may affect its value.
Ultimately, the court will make a decision based on what is fair and equitable for all co-owners. If you do not want to sell the property and are open to the idea of dividing it from the land, you may discuss this with your co-owners and try to come to a mutually agreeable solution.
1. If the property is not able to divide /partition, then the court may pass order for the sell of the property and the destruction of the amount.
2. Generally , not
3. Yes
4. Yes, or as decided by the court.