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How to distribute family property fairly
28-May-2023 (In Property Law)
We are three brothers and one sister.Our father passed away suddenly and our mother is now head of the family.Father didn't make any will about family property.Obviously,as a nominee, all bank balance of my father has been transferred to my mother,but the deed of our house still is in the name of my father. Now,my mother wants to give total property equivalently to two sons and daughter but nothing to another son. In that case,will this son who didn't get any property from his mother --- 1.can claim his share ? 2. Please discuss the related law briefly.
Atfirst let me know you are belongs to Hindu, muslim or Cristian. Suppose you are a Hindu by birth then your problem lie under the Hindu Succession Act.
Now if your father was the owner of a property then after his death your mother , other brothers including you and your sister jointly became the owner the property(1/5th share each) already. This share is undivided and undemarcated.
Now you can claim your share with demarcation by way of partition suit against your brothers , sister and also mother.
But you may know the process is quite lengthy. So you can also partition the property with your other cosharer amicably and registered a deed of partition.
For more information you may consult a civil lawyer.
Hope that you have understood.
Thank you.
Now if your father was the owner of a property then after his death your mother , other brothers including you and your sister jointly became the owner the property(1/5th share each) already. This share is undivided and undemarcated.
Now you can claim your share with demarcation by way of partition suit against your brothers , sister and also mother.
But you may know the process is quite lengthy. So you can also partition the property with your other cosharer amicably and registered a deed of partition.
For more information you may consult a civil lawyer.
Hope that you have understood.
Thank you.
Helpful?
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22+
Adv. Diptiman Pal
Barasat | 200+ Answers
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Yes, the son in whose favour your mother do not want to share the property shall have every right to challenge the same in the appropriate forum of civil court under whose jurisdiction the property is situated. As he has absolute right in terms of the Hindu Succession Act, 2015
(Class I Heirs) Son, Daughter, Widow, Mother, Son of a predeceased son ,Daughter of predeceased son ,Widow of predeceased son ,Son of a predeceased daughter ,Daughter of predeceased daughter ,Son of predeceased so of predeceased son Daughter of predeceased son of a predeceased son Widow of predeceased son of a predeceased son
(Class I Heirs) Son, Daughter, Widow, Mother, Son of a predeceased son ,Daughter of predeceased son ,Widow of predeceased son ,Son of a predeceased daughter ,Daughter of predeceased daughter ,Son of predeceased so of predeceased son Daughter of predeceased son of a predeceased son Widow of predeceased son of a predeceased son
Helpful?
15+
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Since your father passed away leaving behind both movable and immovable properties, the principles of devolution of interest in coparcenary property shall be applicable here.Deceased spouse and children may arrive at a mutually agreed upon position and take peaceful possession of respective lawful shares or take refuge to law of inheritance and Succession.If you wish to opt for legal course of action, for legal remedy and appropriate legal relief ,I can suggest needful action only after thoroughly examination of relevant documents.If you so desire, kindly refer the issue to lawRato for further instructions.
Helpful?
15+
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Adv. Goutam Majumder
Kolkata | 200+ 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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