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My house is owned by my dad, Uncle and my dads sister. Now my father is Died. So shall my uncle kick me out from house ? My u cake and my dads sister is living in another city, me, my dad, mom living in these house since 2010. And how I can add my moms name into that house ? Will my uncle able to kick us from house?? Kindly guide me.
Asked 8 months ago in Property Law
Religion: Hindu

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17 Answers

- Since, the said house is in joint names of your father , uncle and his sister , it means that your father was having his 1/3rd share in the property .

- Further, after the demise of your father , his 1/3rd share can be claimed by his legal heirs equally , i.e. you and mom having equal right over the same. 

- You and your mom can apply for mutation before the revenue officer for the said share 

- Your uncle cannot kick you both from the house legally. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

If this property was on your father's name by a registered deed, then you and your mother and your own siblings are entitled to succeed the property upon your father's intestate death.

Your uncle cannot kick you out of the house neither your father's sister can claim any share in the property.

If you anticipate any such thing, you may better file a suit for permanent injunction restraining them from interfering in your possession and enjoyment of the property.

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

If you and your mother are the only legal heirs to your deceased father, you can obtain a  legal heirship certificate from the revenue department and apply for transfer of revenue records to your names from that of your father.

After that you can transfer the tax records, water tax, electricity records on that basis itself.

Then the property will lie on both your name and your mother's name

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

According to the Hindu Succession Act, 1956, as amended in 2005, daughters have equal rights to ancestral property as sons. This means that you, as the daughter of your father, have a right to claim a share in the house that is owned by your father, uncle and aunt. Your mother, as the widow of your father, also has a right to claim a share in the house. Your uncle and aunt cannot kick you out of the house without your consent.

To add your mother’s name and your name in the house, you will need to get a legal heir certificate from the revenue department or the tehsildar of your area. This certificate will prove that you are the legal heirs of your father and entitled to inherit his property. You will also need to get a succession certificate from the district court, which will authorize you to represent your father’s estate and transfer his property to your names. You may need to hire a lawyer to help you with these processes.

You can also try to negotiate with your uncle and aunt and reach an amicable settlement. You can offer to buy their share of the house or sell your share to them. You can also divide the house into separate portions and live peacefully. However, if they are not willing to cooperate, you can file a suit for partition and injunction in the civil court and seek your rightful share in the house.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

You and your mother are entitled to father's share. Apply for succession certificate from court in respect of father's share in the property. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

Your father had one third share in house 

 

2) your uncle cannot kick you out of house 

 

3) on father demise his share would devolve on your mother ,you and your siblings 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

 

Apply for mutation of your mother and your name 

 

2) enclose father death certificate 

 

3) if necessary obtain legal heir certificate 

 

4) latest receipt of payment of property taxes 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Dear Client
Inheritance Rights: When your father passed away, his share in the property would typically be subject to inheritance laws. If there was no will, then the property may be divided among his legal heirs, which generally include his wife (your mother), children, and possibly other immediate family members.

Adding Your Mother's Name: To add your mother's name to the property, you would typically need to go through a legal process. This might involve executing a deed of gift or transfer of property in her favor. You should consult with a property lawyer to understand the specific requirements and procedures in your locality.

Rights of Co-owners: Your uncle, your dad's sister, and your father were co-owners of the property. After your father's demise, their respective shares would still exist. Your uncle alone cannot kick you out without following the proper legal procedures for partition or sale of the property. Co-owners have certain rights and responsibilities, and it's essential to consult with a lawyer to understand the legal implications and potential courses of action.

Partition of Property: If you and your co-owners (your uncle and your dad's sister) cannot agree on the property's division or management, any co-owner can file a suit for partition in a civil court. This process would involve dividing the property or selling it and distributing the proceeds according to each co-owner's share.

Legal Documentation: Ensure that you have all the necessary legal documents related to the property, including the title deed, will (if any), and records of any financial contributions made towards the property's upkeep or improvements. These documents can be crucial in establishing your rights.

Consult a Lawyer: Given the complexity of property matters and variations in laws across different states in India, it is strongly recommended that you consult with a qualified property lawyer who can provide you with tailored advice based on your specific circumstances and the laws applicable in your area.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. The house owned by your deceased father, your uncle and aunt have 1/3 rd share each in the house. Since your father is deceased, his 1/3rd share gets devolved to your mother and her children ( son's and daughters).

2.  Your uncle can't legally kick out you, your mother and your siblings since all of you have inherent right amounting to 1/3rd share in the house.

3.   Since your father is deceased, names of you, your mother and your siblings can be added in the revenue records of the jurisdiction, such as Corporation/Municipal office by submitting your father's death certificate and your family tree or legal heirship certificate.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

He can’t as you will be owner of your dad share 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

You have one third share in property 

 

uncle has only one third share in property and dies not become absolute owner of property 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Without you, your mother and your siblings' signature, your uncle can't remove your deceased father's name from the property documents.

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

As such your uncle cannot remove the share of your father if your father is joint recorded owner of the property. Neither payment of tax create any ownership title nor death certificate alone relinquish any right of any deceased person. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

You can claim your father's one third share in the property which devolves equally on you and your mother.

Since you are residing in the same property for more 10 years, if you are afraid that your uncle will remove you from the property by force,. you can file a suit for permanent injunction against your uncle or suit for partition to divide the property and allot one equal share for you and your mother with an application to restrain your uncle from forcibly removing you from the proeprty till the disposal of the main suit

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

No he cant

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

- No, he cannot remove your Dads name from the property, as he is joint owner of the property 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

If your house is owned jointly by your dad, uncle, and dad's sister, their respective shares in the property would typically pass on to their heirs or beneficiaries upon their death, unless there's a specific agreement or will stating otherwise.
After your father's death, his share of the property may pass to his heirs based on his will or the laws of inheritance . If he has not made a will, the laws of intestate succession will determine how his share is distributed. Generally, it will get distributed equally, between your mother and your brother and sister. .
Since, you are in possession of the property, you are well placed.
Your uncle, as a co-owner, is having certain rights regarding the property. But he does not have the sole authority to "kick you out" without proper legal processes.
To add your mom's name to the property title, you would typically need to go through a legal process, such as a property transfer or sale, or transfer on the property tax receipts, electricity Bill. This involves various legal process, including filing necessary documents with relevant authorities, paying fees, and ensuring all co-owners (including your uncle and dad's sister) agree to the transfer, if they want to transfer their share in your mother's name.
Consult with a lawyer specializing in property law in your area.

Rupali Ranait
Advocate, Vasai
6 Answers

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