• Property

Hi, this is to inform you that we were 4 member in our family me my elder brother and my father and mother. there was a house in the name of my mother now after my mother died my father did second marriage and shifted to another place  and i used to stay with by elder brother.  but now my brother got married need separation of property..and my father and elder brother wants to sell this property
... and claims that this is not my property. so it depends on my father and he can give this property to any body. so my question is that is there any legal right of mine in this property or not. again i would like to mention that the house and the land is in the name of my mother who is already died. so in brief i need to know who are the present owner of that house me or my brother or my father or three of them.
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) on your mother demise your father , you and your elder brother  are the legal heirs 

2) you have one third share in property 

3)you can file suit for partition to claim your share in property

4) i presume your mother died intestate ie without a will 
Ajay Sethi
Advocate, Mumbai
44285 Answers
2572 Consultations

5.0 on 5.0

After your mothers demise her legal heirs (Children’s and husband) become the owners of her property . you have one third share in property

Hndu succession act states that , In a case where a Hindu woman dies intestate leaving property, her property will firstly devolve upon her sons and daughters so also the husband. The children of any pre-deceased son or daughter are also included in the first category of heirs of a female Hindu ;

So in your case without your consent your father or brother could not alienate the property as per their wish and fantasy. So file a suit for partition and also seek interim stay for not to alienate property to others without your consent. 
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

It is presume that you are a Hindu,so according to Hindu Succession Act you have equal right of the property i e 1/3 rd each. Your father and brother can sell their share to the outsider without your consent,but you have first right to purchase their share.You can amicable settle the matter by a partition deed or you can restrain them to file a suit for Partition and Injunction in  Civil Court to claim your one third share.
Minansu Bhadra
Advocate, Kolkata
384 Answers
28 Consultations

4.9 on 5.0

1) If the property is in your deceased mother, then all three of you are legal heirs provided your mother passed away without leaving a Will behind.

2) If they want to sell the property they need to provide you with 1/3rd share or buy the share from you by compensating you with equivalent value.

3) You can ask for the property to be divided. Tell your father and brother clearly of your right and your intentions to claim it and see if they agree fur a settlement. If they don't you have the option to file a suit fur partition and get an injunction against the property being alienated until disposal of the suit.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

Hi, as the property is belonging to your mother after her demise all the legal heirs are the owner of the property so you have share in the property and without your consent they can't sell the house.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1. The title of the property still stands in the name of your mother who died intestate i.e. without leaving a will,

2. As per hindu Succession Act, all three of you have equal share on the property of your deceased mother,

3. You can file partition suit claiming partition of the said property with metes and bounds,

4. The property can not be sold without your consent.
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

This was your deceased mother's property.
Your mother died intestate, i.., without making any arrangement for the property left behind by her.
In he above circumstances the property will devolve equally upon all her legal heirs.
Thus you are legally entitled to 1/3rd share in the property, if your father and brother are creating any problem, you may seek partition and separate possession of your property.
You can file a petition suit and also file an application for injunction restraining the defendants from alienating the property till the disposal of the suit.
T Kalaiselvan
Advocate, Vellore
34455 Answers
372 Consultations

5.0 on 5.0

1. If the property was standing in the name of your mother then on her death the property is inherited by your siblings and father in equal shares.
2. From your query it appears that you have inherited 1/3 equal undivided share in the house.
3. So any of you can sell his undivided 1/3 share but not more than that.
4. if any of you tries to sell more than that or tries to deprive your due share in the property you can file a suit for partition to claim your 1/3 share and for injunction so other tow may not sell the property to frustrate the claim.
If you are from Kolkata feel free to contact for further assistance.
Devajyoti Barman
Advocate, Kolkata
12525 Answers
161 Consultations

5.0 on 5.0

Since the house was registered in your mother's favour it devolved equally on all her heirs i.e her widower and all children on her demise if she did not create a will. Your share is at par with the share of your father and brother. You are free to file a suit for partition to cull out your 1/3rd share in the property along with seeking a stay on the sale by your father and brother.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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