quesProperty ownership after father's death (he bought his own)

My father expired 4 years before, he had own a house with 20 cent land. After that my mother is living alone in this house. I have 1 brother(elder) and 1 sister (younger). Mother doesn't have any income for here lively hood and treatment. Brother is wanted whole property in his name and same time is not ready to take care of mother. Mother want to do partition of the asset in to four equal part and stay in the same house for her lifetime. what should be done for that. or who has the right to do the partition. Please advise

  • ansAfter the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. 
    So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.

    We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar  .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time 

    Both the procedure can be done during the lifetime of your mother.

    However your father died with a Will and your mother is the owner by virtue of Will, then your mother can execute a Will during her lifetime diving the share equally amongst all sibling. This Will becomes operative after death of your mother.

     

  • ansYour mother being legal heir of your father has equal share in the property. No one can disown her from the property. You can seek partition. Later mother and Sister can give no objection to Partition. She can also file for maintenance under Section 125 of Criminal Procedure Code.

    Advocate Ashima Puri

      Saket District Court, Delhi

  • ansAfter the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.
    So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.
    We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time
    Both the procedure can be done during the lifetime of your mother.
    However your father died with a Will and your mother is the owner by virtue of Will, then your mother can execute a Will during her lifetime diving the share equally amongst all sibling. This Will becomes operative after death of your mother

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ans All brothers ,sister and mother have right in the property,for partition you can consult an architect to margin the portion of the land equally,the same could be registered in the form of partition deed registered before the registrar,with 2 witness.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

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