Inheritance of fathers property after death
We are a family of 4 married sisters and a widowed mother. My father expired when I was 6 years old and the rest of my older siblings were also minors. I am not aware of any formal will since it was a sudden death.
He left behind a house which was transferred to my mother's name. This house is currently under redevelopment with a financial deal including a corpus, interim rent while construction is in progress and a redeveloped house to be given once the building is completed.
I have been asking my siblings and mother to have the house sold and divided into 5 equal parts. However, at this time, there is no consensus. I have also been asking for a family agreement which no one has been willing to discuss, much less sign up for.
My mother, along with one of my sisters, has already bought a property in their joint names without any discussion or informing the other siblings. My mom has been helping this sister regularly and repeatedly financially without any agreement or discussion with the rest of us.
She has also repeatedly refused to engage with me on any financial details or transactions.
My mom does not intend to sell the property and divide it equally. She intends to stay with another sister in the redeveloped house with her family leaving me with no financial or property rights.
At this point, there is no transparency in how the money given by the builder has been used/invested/lent. Despite repeated requests, no details are being made available by my mother.
What legal standing do I have at this stage to ask for financial transparency and what rights do I have on my father's property and related money (corpus, rent and redeveloped house)?
How do I go about asserting and obtaining my legal inheritance?
Asked 11 months ago in Property Law from United Kingdom
1) i presume your father died intestate
2) on his demise you have one fifth share in the house
3) you can file suit for partition to claim your one fifth share in your deceased father property and money received from builder
4) you cna also claim share in property bought ion joint names by mother and sister if it was done out of the income from dather estate
5) seek an injunction restraining sale of property
1. On the death of your father you along with your mother and sisters have got undivided 1/7th sahre in the house.
2.During your minority any transfer in the name of your mother would be invalid.
3.So if your mother is refusing to give your due share in the property you can file a partition suit to claim your share which is your vested right in the house.
4. The purchase of another house has no connection with this and you may not claim it.
5. Sought an injunction as well in the partition suit so your mother can not proceed with redevelopment depriving your share.
If your father died intestate i.e without writing a will then his property devolved through succession equally on all his heirs i.e widow and children. Since you want the property to be divided and cull out your share therein, which the other heirs are not ready and willing to do, the only remedy for you is to file a suit for partition in the civil court. The court will order division regardless of the refusal of other heirs to have it divided.
1. Are you sure that said property stood in the name of your father and not in the name of your mother?
2. If yes, then how title of the said property of your father was transferred in the name of your mother?
3. If the property stands legally in the name of your mother, then she is its absiolute owner and can deal with it in any way she feels like without informing you or taking consent from you.
4. If the said property of your father was not legally transferred in favour of your mother, then you can claim equal your share in the said property and file a suit praying for a declaration that the redevelopment agreement signed by your mother only is void and illegal for want of your consent and signature.
5. You can simultaneously file a petition praying for an order upon the developer restraining him in further dealing with the said property till the suit is disposed off.
6. After this all will come to your negotiation table when all matters will be clear to you.
You can file a partition suit seeking partition and separate possession of your legitimate share in the property that was left behind by your deceased father who is reported to have died intestate.
As per intestate succession you are entitled to a legitimate share in the property which you can try to get it by first sending a legal notice and then you can file a partition suit.