My individual share in property
I am living in a residensial property (along with my uncles (My Fathers younger brother) family ) purchased by My GrandFather (Father's Father) since my birth (More than 50 Years),
GrandFather, Father, and Uncle all 3 are passed away.
I am having 3 more brothers (All three never stayed in this property).
Now Me and my uncles family want to separate, please suggest what will be my individual share, does my 3 brothers who never stayed in this property are also entitled for the share in this property?
Asked 2 years ago in Property Law from Khandwa, Madhya Pradesh
1) deed of family settlement can be made for partition of property by metes and bounds
2) your father 50 per cent share would be inherited by you, your mother and your 3 brothers
3) merely because your brothers are not staying in said house does not mean they dont have share in property
Hi, as the property is the ancestral property so your brothers also share in the property.
2 Whether it is immaterial whether they stayed in the property or not.
1. The property will be partitioned and divided in to three for three sons of your grandfather who died intestate,
2.After the said partition, your father's share of the property will be further divided amongst all his sons irrespective of whether anyone stayed in the said property or not,
3. So, you will have share of 1/6th of your grandfather's property legally.
This property shall devolve on the legal heirs of your grandfather since he died intestate. Considering only two legal heirs i.e., your father and his brother, the property shall be inherited equally by both of them and in their absence the property shall devolve upon the legal heirs of both the sons of your grandfather.
Thus, in the share allotted to you father, if he is no more then it will further divided into number of shares to the number legal heirs of your father. Therefore obviously your brothers and sisters are now entitled a share which should have been inherited by your father.
1. On the death of your grandfather his property devolved on all his children through succession. The share of deceased children devolved further on the grandchildren.
2. The share of each heir is 1/4th in the property regardless of whether they resided in the property or not. All the heirs can execute a partition deed to separate their share.
Thank you very much for your valuable information, Kindly suggest me if other share holder of my ancestral property refuses to separate the property share, What documents, timeline and money approximately i need to go legally to do the Partition Deed to separate my property share?
Thank you in advance.
Asked 2 years ago
1) you have to issue legal notices to other legal heirs to claim your share in the property
2) file suit for partition for division of property by metes and bounds
1. It hardly matters whether other legal heirs are interested in partitioning the property or not,
2. You file the partition suit and get yiur share partitioned with the help of the Court,
3.If others agree for the partition hen the partition deed can be executed and registered by all the legal heirs in one day,
4. If partition suit is to be filed then it may take 2/3 years, if strongly contested by others,
5. The fees of the lawyer varies from place to place. In kolkata, it might take around Rs.40K.
Out of your father's 50% share in the property, you four children of your father being legal heirs shall each be entitled to 1/4th share in the property equally.
For this, if there is a dispute and anyone or no one is willing to get mutually partitioned, you have no option than to approach court of law for partition through legal process.
The court fee, and the advocate fee shall depend on the lawyer and the state court fee act.
You may ascertain the fee aspect locally and also be aware that generally the partition suit takes more than 5 years to get disposed.
You need only the title deed of the property to stand on your feet in the court in a lawsuit for partition. The exact timeline cannot be predicted by anyone, whereas the cost will be the fee of your lawyer and court fee.
Hi,you have to file a suit for partition before the jurisdictional court for claiming your share in the property.