LawRato

Inheritance of Property owned by 2 Brothers after one brother's death


14-Mar-2023 (In Property Law)

We have a house which is in the name of my Father and his younger brother (i.e. my Uncle). My Father passed away 5 years back in an accident. There is no will created for this property by my father. Legal Papers for this house are with my mother. My Uncle was living in this house since the beginning but my father shifted with his family in another house sometime back before his death. After that some renovation was done by my uncle on the house without any discussion with my father. Now we are planning to sell this property. Just wanted to confirm will there be any iss

Answers (2)

Answer #1
164 votes

When the property was acquired by your father and his brother themselves then you can ask for your share in father's share in the property by filing a partition suit. In case you are planning to sell the property then you can claim for the amount of your father's share from the sale proceeds. It was a joint property and when no consent was taken from your father to make renovation, then your uncle cannot claim for the amount he spent in renovations from the sale proceeds.

Answer #2
768 votes
As the house belongs to both your deceased father and his brother therefore you must take the permission of your uncle before selling the house. You might also be required to divide the sale proceeds with your uncle if he wants to. Besides he is also living there so his consent for vacating the House us also crucial before selling the same

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."