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What is the property law for HUF.
14-Nov-2023 (In Property Law)
We are 7 members [Hindu] including by big brother, As my big brother had some property on his name & died as a bachelor, we remaining 6 siblings under which sectio become the legal heirs,in this 6 siblings 2 members[male and female] died before and after my big brother & their children will come under which section to that property,will they get equal share, The main question is my big brother has fixed deposits and 567 sq yards land with a slab building in it how this property will be divided to all, As some saying the property will be sold by court and the money will be shared equally is it right? is it possible to divide the land into 6 shares even the slab building is there or the court lay down the building and then it will divide,what happens if one of the sibling says to court that he wont agree to demolish the building to divide the equal share to all, if any sibling say that i will give the money equal to their share and he acquire the property then court will agree?
Hi
Since your brother died as a bachelor, his property will devolve on his class I heirs and in absence of class I heirs, then on class II Heirs.
If the mother(mother is a class I heir) is alive, then she alone will succeed to the properties of her son(your brother)
If your mother is not alive, but father(father is a class II, Category I Heir) is alive, then your father alone will succeed to the properties of his son
If both your parents are not alive then the property will devolve on surviving and sisters (class II, Category II Heirs).
Deceased brother's children and Deceased sister's children are Class II, Category IV Heirs) and they will not get a share of your brother's property as the rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share.
The building (567 square yards land with slab building) will get equally divided between the surviving brothers and sisters.
However one of them can choose to purchase the other's share or sell the property by auction and share the proceeds. Courts will be normally inclined to auction the property to the highest bidder amongst the brother/sister or to an outsider.
Since your brother died as a bachelor, his property will devolve on his class I heirs and in absence of class I heirs, then on class II Heirs.
If the mother(mother is a class I heir) is alive, then she alone will succeed to the properties of her son(your brother)
If your mother is not alive, but father(father is a class II, Category I Heir) is alive, then your father alone will succeed to the properties of his son
If both your parents are not alive then the property will devolve on surviving and sisters (class II, Category II Heirs).
Deceased brother's children and Deceased sister's children are Class II, Category IV Heirs) and they will not get a share of your brother's property as the rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share.
The building (567 square yards land with slab building) will get equally divided between the surviving brothers and sisters.
However one of them can choose to purchase the other's share or sell the property by auction and share the proceeds. Courts will be normally inclined to auction the property to the highest bidder amongst the brother/sister or to an outsider.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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