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Distribution of ancestral property among legal heirs
16-Dec-2023 (In Family Law)
My father died in 2000, leaving a property on his name, with no will. We were 3 brothers and 4 sisters, all married. I am eldest brother and youngest died. My second brother is in Canada and he wants division of property. He has asked us to sell property many times in past but we refused to do that alone saying that we wont do that without presence of all living siblings. Now he has send us notice that we have intimidated him and we are in intention of keeping the property to ourselves. My questions are: 1. I do want this property to be sold and divided between all those who have a right in it. My father has passed in 2000, and I have heard that supreme court recently passed law that if father have passed before 2005 then daughters don't have a right in house.. 2.Does my brother needs to be physically present at time of this case. 3. I do not have any trust on my siblings regarding selling of this property, so can I ask Court to supervise the selling of the property.
Dear client, you are hereby advised to file a civil suit for participation, and further the court will not only supervise, but also divide the share of each member in the property. And your brother may not be present for the matter but a counsel will have to appear on his behalf.
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Adv. Neeraj Dubey
Delhi | 25+ Answers
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Dear Sir
Your query is regRding partition of a property when the owner has died intestate and left behind legal heirs.
Answers to your query are as below:
1. Your observation about 2005 law is absolutely correct, it's rather a amendment in the Hindu succession act. You can sell the property and the outcome cN be divided as per the respective share of the legal heirs.
2. Further the distribution can be done by way of partition suit which can be filed by any of the legal heirs. The presence is not necessary and the legal heirs can be represented through their power of attorney which can be executed in its respective country and send the same to India after appointing anyone as a attorney. But it is always advisable that for final disposal of the case and the property or the money from the sale proceeds the party should be present in person to avoid further conflicts or disputes.
3. The court can supervise the sale of the property and the same can be ordered to be auctioned through court or with the help your legal counsel.
Regards
Your query is regRding partition of a property when the owner has died intestate and left behind legal heirs.
Answers to your query are as below:
1. Your observation about 2005 law is absolutely correct, it's rather a amendment in the Hindu succession act. You can sell the property and the outcome cN be divided as per the respective share of the legal heirs.
2. Further the distribution can be done by way of partition suit which can be filed by any of the legal heirs. The presence is not necessary and the legal heirs can be represented through their power of attorney which can be executed in its respective country and send the same to India after appointing anyone as a attorney. But it is always advisable that for final disposal of the case and the property or the money from the sale proceeds the party should be present in person to avoid further conflicts or disputes.
3. The court can supervise the sale of the property and the same can be ordered to be auctioned through court or with the help your legal counsel.
Regards
Helpful?
10+
10+
Adv. Harshit Jain
Delhi | 100+ Answers
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The question is that you want to sell the property by the order of the court and for that I suggest you file a suit for partition and contact an advocate with all relevant documents it may take long time but relief will be permanent
Helpful?
10+
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Sir all your three questions have straight answers firstly a family partition deed can be amicably worked out between all legal heirs secondly if they are not ready then you can file a suit for partition declaration and title ...Thirdly yes you heard it right that if father died before 2005 then sisters have no right.Thanks..
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Preliminary opinion on the query raised:
1. See the right of daughter depends upon the partition of the property. The year of partition in this case becomes vital.
2. In the second query the brother might asign a person on his behalf the right to carry out the said partition by GPA.
3. You can always approach the court for getting the partition done or can ask for appointment of commissioner to carry out the sale of the property under the supervision of the court.
For detail opinion i would require these:
1. Your fathers property papers.
2. Details of the immovable property and its market price.
3. Statements or objections from the daughters.
4. A conciliatory meeting with all the stakeholders to under the claims.
1. See the right of daughter depends upon the partition of the property. The year of partition in this case becomes vital.
2. In the second query the brother might asign a person on his behalf the right to carry out the said partition by GPA.
3. You can always approach the court for getting the partition done or can ask for appointment of commissioner to carry out the sale of the property under the supervision of the court.
For detail opinion i would require these:
1. Your fathers property papers.
2. Details of the immovable property and its market price.
3. Statements or objections from the daughters.
4. A conciliatory meeting with all the stakeholders to under the claims.
Helpful?
17+
17+
Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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