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Father passed away he has 2 houses does mother have a share in them
23-Oct-2023 (In Property Law)
My father passed away recently due to heart attack and he has 2 houses. One is self created property which is 2BHK apartment and another one is my grandfather's property (my father has constructed house but land was inherited by my grand father)which is individual house. My father has 3 sons and 1 daughter. Individual house was locked and nobody was staying there but after my father's death my sister has broken the lock and started staying in individual house. Now she is asking partition of 2bhk apartment which is rented as of now and rent is one source of income for my mother apart from 4k family pension so now we don't want to do a partition. Can my sister come and stay forcibly in apartment. And also does she can force us legally for partition? Does my mother also have share in above said property?
Hello,
- Both the properties of your father are equally divided among his wife and children. Your sister can not forcefully take the possession of the house by breaking the lock as all others have equal right over the property as much as she has.
- yes she can file suit for partition before the court for getting her share of property.
- yes your mother has share in both the properties.
- let your mother continue to collect the rent amount.
- Both the properties of your father are equally divided among his wife and children. Your sister can not forcefully take the possession of the house by breaking the lock as all others have equal right over the property as much as she has.
- yes she can file suit for partition before the court for getting her share of property.
- yes your mother has share in both the properties.
- let your mother continue to collect the rent amount.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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Since he has not made a will all of you have a share in his self acquired property. And in the ancestral property also your sister has a share and therefore can force a partition, whether you are wiling or not. Your mother has a share in your fathers share and has a right of residence in your father`s house. Means, she cannot be forced to move out of the house where she is living.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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First of all after your fathers death you all became a legal heirs, yes your sister can claim her share in the said property,and your mother will be having 1/5 share in the fathers said property, she can approach to the court for the partition.
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Adv. Jayashree Patil
Bangalore | 25+ Answers
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No your sister do not have any absolute right over the said property. Moreover, in the said property all you have joint interest and equal rights over the same. Therefore she cannot take it in forcible manner. Here you have two option either to make complaint against her for harassment or you can go for Family Partition by amicable way. Yes your mother is also having the share in the said property .
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Adv. M Lakshmikanth Arya
Bangalore | 500+ 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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