Hi there, My father build this house in 1978 (Dehradun) , I am his only son, he died in accident in 1986 (without any Will) . He had only one property / house . He had two marriages in his life and has 4 children wife 1 (died in 1974) => 1 daughter wife 2 (still alive / my mother) => 2 daughters and 1 son (me) My mother paid all loan and due to this house after my father death. My mother want me to own this house, willing to sign document but my step wants 50 percent of my father's house. Question 1: Since my father died before 2005 (The Hindu Succession Amendment Act 2005) , Can I have succession certificate without my sister's agreement / signature ? Question 2: In case property belongs to all children + mother with (The Hindu Succession Amendment Act 2005) , and one of my sisters is not willing to give / sell this portion. then what is the possible solution ? Question 3: What if property remains disputed for long and one of the children died in between? Question 4: What are the legal ways to sort out such property issue? who is responsible to paying tax, bills ?
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On father demise you have one fifth share in the house
2) your step sister cannot claim 50 per cent share
3) file suit for partition for division of property by metes and bounds
4) seek injunction restraining sale of property by other legal heirs
5) all legal heirs have to contribute their share for payment of bills
1. As per law , after the demise of your father intestate, his property would be devolved upon all his legal heirs equally from first wife and the second wife,
- Hence, the property would be distributed amongst 4 children and mother i.e. each will have 1/5th share in the property , and the said daughter from decease wife will also get 1/5th share and not 50%.
2. If all are not agree for selling the property or to release her share in your favour , then you can file a Partition suit before the court for distributing the consideration amount if the property is not able to divide.
3. If the said child is unmarried then the share will be distributed to his mother , brother and sister, but the step sister will have not right . However if married then the share will go to his /her legal heirs.
4. Partition suit . All the legal heirs are under obligation to pay the property taxes .
This property is on your deceased father's name.
He is reported o have died intestate.
Upon his death the properties left behind by him shall devolve equally on all his legal heirs namely the child from his first marriage, his second wife and the three children of the second marriage.
The child from first marriage has one fifth share in the property as a right.
Even though your mother repaid the loan or had cleared the liabilities, she cannot claim the entire property though she can make a claim toward the amount she repaid as loan and interest therein.
The Hindu Succession Act, 2005 has nothing to do with it, do not misinterpret the law to your convenience.
The succession certificate is not applicable for distribution of immovable properties among the legal heirs, you may have to obtain a legal heirship certificate from the Revenue department and you cannot omit even one of the legal heirs from the list n for whatever reason you may cite.
In the event of one of the legal heirs is unwilling to cooperate for selling the property jointly then you may have to file a suit before court for partition and to sell your share in the property
Upon death of of one of the legal heirs during the pendency of a civil dispute, the legal heirs of the deceased shall be entitled to continue the dispute.
Since all the legal heirs are entitled to a share in the proeprty, it is joint responsibility of everyone to pay the respective taxes to the government in respect of this property.
1. As per Hindu succession Act and also Indian Succession Act daughter too has equal right in the properties of father. The amendment as cited by you was in regard to daughter who too was recognized as coparcerner and being coparcener entitled to share in joint Hindu family.
No you cannot get succession certificates with step sister and her NOC.
2. Property shall be liable to be divided in equal proportion out of which one portion shall belong to your mother and her children while remaining 50% portion will belong to step daughter. Daughter can file partition suit to claim her share.
3. Then in that case her portion shall devolve her class-1 legal heir I.e. her husband and children.
4. To suggest remedy details required. If you recognize sister share then your sister too shall be liable to pay taxes.
Dear Client.
1. Succession certificate: Since your father passed away before the Hindu Succession Amendment Act 2005 came into effect, the succession of his property would be governed by the laws in place at the time of his death.
2. Disputed property: If the property belongs to all the children and the mother, and one of your sisters is not willing to give or sell her portion, it can lead to a dispute. In such cases, it's advisable to consult with a lawyer to explore legal options such as partitioning the property, negotiating a settlement, or filing a suit for partition to divide the property among the co-owners.
3. Death of a co-owner: If one of the children dies during the dispute, their share in the property would typically pass on to their legal heirs as per the applicable laws of inheritance. The legal heirs would then become co-owners of the property and may need to be involved in the resolution of the dispute.
The responsibility for paying taxes and bills would typically be shared among the co-owners.
1. Irrespective of your father's date of death, since the property is still in your deceased father's name, your half-sister ( 1 daughter of your father from first wife) is entitled to equal share on par with other legal heirs. Even if you obtain Succession Certificate without your half-sister 's agreement/signature, if it's challenged by her, then she gets her entitled share in your deceased father's property.
2. Then whoever is/are interested in partitioning the joint property has to file a case in the jurisdictional Court for declaration, partition and separate possession of the property by metes and bounds.
3. In case the property remains disputed and one of the children dies, then the child's legal heirs would inherit the deceased person's share in case of married person. In case of unmarried child if it dies, then his/her share gets devolved to it's parents ( in the instant case to mother, if alive then), if not to other brothers and sisters.
4. All the legal heirs have to arrive at a decision by executing a Family Settlement Deed. Whoever gets share in the property has to contribute alongwith other legal heirs for paying taxes and bills.
1. No. The amendment has retrospective effect in some cases
2. You can seek partition of the property and sell your share
3 partition suit is only way
All four children and your mother have 1/5th share each. File a suit for declaration and partition along with an injunction to restrain the sale of the property
step sister has 1/5th share maximum. All should execute release deed in your favor. Let her not sign, keep it disputed for long time. No harm to you.
All are equally liable to pay tax, bills etc.
Hi, After the death of your father all the legal heirs have right over the property and all the legal heirs have liable to pay the tax.
1.. & 2. The property will be equally divided between all the legal heirs of your late father.
3. If any legal heir dies intestate before the partition takes place then his/her hare will be inherited by his/her legal heirs. If he/she leaves no legal heirs then his/her share will be equally owned by all other legal heirs of the property.
4. It will be rudent on your part to amicably settle the matter. All the legal heirs are equally responsible for paying the statutory bills/tax etc.
Hello,
Answer to Q 1 - See 2005 amendment did not change anything about intestate succession of heirs (you, your sister and mother) in property owned by your father it olny gives co - parcenary rights to daughters, which is not in question in your case.
Answer to Q 2 - In case your sister sell his portion to someone else you have right to preferential right to buy that share under section 22 the Hindu Succession Act, 1956, in case she is not ready to sell, you cannot force her
Answer to Q 3 - It will devolve upon his/her heirs, in case died issueless on mother otherwise on brother and sister.
Answer to Q 4 - All are responsible in proportion to share in the property.
Thanks
The Hindu Succession (Amendment) Act, 2005 is an amendment to the Hindu Succession Act, 1956, which governs the inheritance of property among Hindus. The amendment was meant to remove gender discrimination and give equal rights to daughters as coparceners in the joint family property. The amendment also repealed sections 23 and 24 of the original act, which excluded certain relatives from inheritance. The amendment is applicable to all Hindus, Sikhs, Jains and Buddhists in India.
A succession certificate is a document issued by a civil court that certifies the legal heir or representative of a deceased person who has not left a will. A succession certificate is required to collect the debts and securities of the deceased person from banks, companies, etc. A succession certificate can be obtained by filing a petition in the district court where the property of the deceased is situated or where the deceased resided at the time of death.
Now, coming to your questions:
No, you cannot have a succession certificate without your sister’s agreement or signature. According to section 372 of the Indian Succession Act, 1925, which applies to Hindus as well, a succession certificate can be granted only to a person who is entitled to the whole or any part of the estate of the deceased person. Since your father died before 2005, his property will be divided according to the original Hindu Succession Act, 1956, which gives equal shares to all his children and widow. Therefore, you will need the consent and signature of all your siblings and mother to apply for a succession certificate.
If the property belongs to all children and mother with the Hindu Succession Amendment Act, 2005, and one of your sisters is not willing to give or sell her portion, then you have two possible solutions:
- You can try to negotiate with your sister and persuade her to sell or transfer her share to you or any other sibling or relative. You can offer her some compensation or incentive for doing so. You can also seek the help of a mediator or arbitrator to resolve the dispute amicably.
- You can file a suit for partition in the civil court where the property is situated or where your father resided at the time of death. You can seek an order from the court to divide the property among all the co-owners according to their shares. You can also seek an injunction to prevent your sister from creating any obstruction or interference in the partition process.
If the property remains disputed for long and one of the children died in between, then his or her share will devolve upon his or her legal heirs according to his or her personal law. For example, if your sister died without leaving a will, then her share will go to her husband and children if any. If she was unmarried or divorced or widowed without children, then her share will go to her mother and siblings equally. The legal heirs of the deceased child will become parties to the dispute and will have to join the proceedings.
Some of the legal ways to sort out such property issue are:
- Making a will: A will is a legal document that expresses the wishes of a person regarding how his or her property should be distributed after death. A will can avoid disputes among heirs and ensure smooth transfer of property. A will should be made in writing and signed by the testator and two witnesses. A will can be registered or unregistered.
- Making a family settlement: A family settlement is an agreement among family members regarding how their ancestral or joint property should be divided among them. A family settlement can avoid litigation and maintain harmony among relatives. A family settlement should be made in writing and signed by all parties. A family settlement can be registered or unregistered.
- Making a gift deed: A gift deed is a legal document that transfers ownership of a property from one person to another without any consideration. A gift deed can be used to transfer property during lifetime and avoid inheritance issues. A gift deed should be made in writing and signed by the donor and two witnesses. A gift deed should be registered and stamped according to the law.
The responsibility for paying tax and bills depends on the ownership and possession of the property. Generally, the owner of the property is liable to pay the property tax and other charges to the authorities. The occupant of the property is liable to pay the utility bills and maintenance charges to the service providers. However, these responsibilities can be shared or transferred by mutual agreement or court order.
