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What to do after getting legal heir certificate
01-Jan-2023 (In Property Law)
my father died in june2017 in chennai. We are 4 legal heirs (mother, elder brother, myself and sister) for his property near tambaram. We are from Hindu-brahmin community. We got legal heir certificate immediately in 3 to 4 months from date of death. Now all four of us came to a conclusion that the house he built with land of 2522 sq.ft will be divided between my brother and myself out of 2522 I will get 1027 sq.ft piece of land and rest 1495 to my brother. I am stuck and could not proceed further, please help me the following querries 1. in the given 1027 sq.ft around 300 sq.ft building is there and rest vacant land 2. how well can I built in the given area, without disturbing erected building by my father 3. what are the other formalities to be done after getting a conclusion
Please consult a civil engineer and get his advice on how best to divide the property without disturbing the existing building. Once the plan is finalized, all the four legal heirs can proceed with partition of the property. Is your father's mother alive? Are your mother and sister going to relinquish their respective share in favour of you and your brother?
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Hi sir/madam.
First tell me how to you divided your land orally or partition deed
And ask your brother for equal share suppose he is not accept mean don't worry you go to file civil case
First tell me how to you divided your land orally or partition deed
And ask your brother for equal share suppose he is not accept mean don't worry you go to file civil case
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Adv. D Parthibhan
Chennai | 400+ Answers
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In case your father's property is self acquired and he died intestate (without leaving any Will) then all the four legal heirs will get equal share (1/4). Since you had stated that you all have come to conclusion to share it among brother only. Then you need to obtain Release Deed from other legal heirs.
In respect of building you both should sit and negotiate with available alternative options.
In respect of building you both should sit and negotiate with available alternative options.
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Adv. Santhana Lakshmi
Chennai | 25+ Answers
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In legal parlance your father died instestate (without writing any WILL). The property devolves according to Section 8 and Section 10 of Hindu Succession Act. So, Accordingly, All 4 of you will get equal undivided right over the property left over by your father on his demise. Here the property which was enjoyed as undivided by 4 of you will be partitioned in such a way that each one of you will get a delineated/demarcated specific share. Here You and the other 3 can enter into partition for the purpose of delinating the property by mets and bounds. This is a common understanding and area measurements may vary with each other and also depends on the proximity, building embedded to particular portion of land and frontage of the property. This is done by a deed of partition entered between all 4 of you. This Deed of partition is a family arrangement and will specify and mention about the property divided between 4 of you on mutual agreement.
Your concern on building a new structure without disturbing the already existing structure can be solved by mutual oral agreement or by making specific mention in Partition Deed. Furthermore This Deed of Partition has to be registered with the concern sub-registrar of Registration to give its Validity.
Regards, G.P.VIJAY
Your concern on building a new structure without disturbing the already existing structure can be solved by mutual oral agreement or by making specific mention in Partition Deed. Furthermore This Deed of Partition has to be registered with the concern sub-registrar of Registration to give its Validity.
Regards, G.P.VIJAY
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Adv. GP Vijay
Chennai | 200+ 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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