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How to share property of parents equally
08-Sep-2023 (In Property Law)
My father in law expired in july 2004 without a will. My mother in law had given a settlement deed to my husband and to my sisiter in law stating that the ground floor will belong to my husband and 1st floor to my sister in law and rest all in common and she expired in the year 2008. Now my son aged 24 yrs is questioning us regarding the disputes in sharing of property that is a portion of vacant land at the back and front of our building say about 700 sq ft each is already sold by my father in law in the year 1996 towards marriage of my sisiter in law. And how come the building which we live can be shared equally.
your mother in law intention to settle the property of your father in law is illegal only she can settle her share of the property only. so you can file a partition suit and ask the settlement deed as null and void.
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Adv. Satish Kumar
Chennai | 500+ Answers
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As your mother-in-law had settled the property by means of a settlement deed in favour of your husband and your sister-in-law, as a result of which both are in possession and enjoyment of their respective shares, nothing can be legally done to alter the position now.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Mam,
You have stated that the settlement deed only speak about the building and not about the land on which the building is constructed. As far as the land is concerned both your Husband and your sister-in-law will have equal right. The right came through intestate succession(on demise of your father-in-law and Mother-in-law). The land in question can not be divided/partitioned as the building still embedded on it. Your Husband and your Sister-in-law naturally holds 50:50 as law stipulated. 2) If you are disputing citing the sold portion of land you need to substantiate it. Again it will go deep in to the matter as to how your father-in-law and mother-in-law acquired the larger portion of property. 3) However to a simple solution either your sister-in-law or your Husband have the option of giving their portion of land to other person by a release deed.
Regards,
G.P.Vijay
You have stated that the settlement deed only speak about the building and not about the land on which the building is constructed. As far as the land is concerned both your Husband and your sister-in-law will have equal right. The right came through intestate succession(on demise of your father-in-law and Mother-in-law). The land in question can not be divided/partitioned as the building still embedded on it. Your Husband and your Sister-in-law naturally holds 50:50 as law stipulated. 2) If you are disputing citing the sold portion of land you need to substantiate it. Again it will go deep in to the matter as to how your father-in-law and mother-in-law acquired the larger portion of property. 3) However to a simple solution either your sister-in-law or your Husband have the option of giving their portion of land to other person by a release deed.
Regards,
G.P.Vijay
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Adv. GP Vijay
Chennai | 200+ Answers
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