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What remedial action if one of the legal heir does not co-operate?
01-Mar-2023 (In Property Law)
My father expired in year 2011 with self earned house @ chennai , We are 5 legal heirs ( 3 daughters & 2 sons) . All are major , Even our mother died in year 1985 , The first son not co-operating as well as not responding to any emails His whereabouts not known , Even dint attend father funeral . All the other four wants to share the property equally as 1/5 , What is the remedial action to sale or demlosih the existing house and construct it as 5 houses if the first son does not respond to our emails ?? Can we proceed to demolish the house to call the bulder to construct ,
If the property was jointly owned by by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes.
Now your brother has no right .
If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate
If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property.
Advise your mom to make a decision and act accordingly.
The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.
Now your brother has no right .
If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate
If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property.
Advise your mom to make a decision and act accordingly.
The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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