Property issue for parental between co owners

889 votes

In order to provide you with any legal advice, it is imperative to know the facts of your case in detail. Also, what exactly is your query is not understood. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

679 votes

Since your parents died intestate, the property devolves equally upon all legal heirs. You cannot unilaterally demand rent or withhold shares. File for a Partition Suit and Succession Certificate as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

828 votes

Thank you for your response. Before providing a proper reply, I kindly request that you share the complete details of the matter for clarity. To ensure a thorough discussion and provide appropriate guidance, a phone call is necessary.

Advocate Swapna Kanade LawRato

985 votes

Since your parents expired intestate (without a Will), the property will devolve upon all legal heirs equally as per the applicable succession law (for example, under the Hindu Succession Act if you are Hindus). No single heir has exclusive ownership merely by taking possession of documents or jewellery. All heirs have equal undivided rights in the ancestral/parental property. Your younger brother staying in the parental house does not automatically make him liable to pay rent unless there is a formal partition or he is in exclusive possession denying your share. Similarly, you cannot unilaterally refuse to account for rental income or other income derived from the property if it forms part of the joint estate. Every legal heir is entitled to proportionate share in income as well as liable to account for expenses. Given the allegations regarding pension utilization, jewellery, and possession of documents, this matter can easily escalate into a civil dispute involving partition, rendition of accounts, mesne profits, and possibly even criminal allegations if not handled carefully. Legal intervention is strongly advisable at this stage. A formal legal notice seeking partition and proper accounting of income and expenses should be issued. If settlement is not possible, filing a partition suit along with an application for injunction to protect the property may become necessary. Early legal action will help safeguard your rights and prevent future complications.

Advocate Bhumika Vijay Bajaj LawRato

548 votes

If parents died intestate, all legal heirs get equal share. You can’t deny his share or evict him without partition. File partition suit and seek accounts of pension spent. Rent claim only after legal division.

Advocate Pankaj Bajaj LawRato