Father's property
menonv
(Querist) 01 February 2015
This query is : Resolved
Hello,
I seek guidance in the following case/ matter:
My father has expired for the past 5 years. HE is survived by mother and 5 sons [including me].He has not put out any will but in his diary he has written that all his assets to be shared equally between all his children/ sons.
I am unemployed, a divorcee, and i have a son who stays with his mother.I am financially the weakest among all brothers. All the brothers are well settled and with two children each. At a time when they are all at their peaks they seek to divide the property as quickly as possible. The mother favors few people due to their position and profession.
AT our father's house I stay along with the mother as well as one of the brother who stays along with his family. Even having savings from the agriculture, it is my elder brother who is maintaining the expenses out of his accord at the home.
In such a scenario, is it possible for me to ask for more share, as I am single and given my weak financial position? DO I have the legal right to ask for more in the property sharing?
The property existing is around - 9 acres of rubber plantation; 1 acre of land; a 6 cent land in the heart of the city and our dad's home of 13 cents.
1.) I would like to know what is legally right for me to proceed and ask for.
CAn anyone give me a sound direction.
2.) Since my brother and me have been staying at our father's house, is it fair and legal that the brother can stake claim to the entire house, even when he has a different house of his own, just because he is taking care of the daily expenses?
I reside in my father's house because of my position and that i do not have any house of my own. Kindly guide.
Kumar Doab
(Expert) 01 February 2015
The succession is decided as per personal laws applicable...
It is believed that the deceased was Hindu and all assets are self acquired.....
The spouse and sons and daughters shall share the property equally........as per Hindu Succession Laws.....
The writing in the diary is last wish (WILL) of the deceased.......
During partition anyone can give from his share any share to you.......by his sweet will.
It shall be appropriate to register the partition deed under the expert guidance of local lawyer well versed with property/revenue/civil matters and state laws.......
menonv
(Querist) 01 February 2015
Thank you Mr. Doab. Yes we are Hindus.
I wanted to know about the 2nd question too.
Can my brother claim direct heir ship to our father's house. My mother tends to be partial towards this brother on account of his profession.
This house all of us have been bought up and I have been in this house more than anyone else. But this house is for everyone and I have always maintained that. But my mother seems to be favoring son after father's demise to communicate that the house should go to him because he has been maintaining expenses. We have agricultural income the can offset all the maintenance cost. My brother has invested in a flat elsewhere and is residing in our father's house (me too) and is planning his life. Question is does he have direct heir ship or claim to the house because of his stay over here?
menonv
(Querist) 01 February 2015
Thank you Mr. Doab. Yes we are Hindus.
I wanted to know about the 2nd question too.
Can my brother claim direct heir ship to our father's house. My mother tends to be partial towards this brother on account of his profession.
This house all of us have been bought up and I have been in this house more than anyone else. But this house is for everyone and I have always maintained that. But my mother seems to be favoring son after father's demise to communicate that the house should go to him because he has been maintaining expenses. We have agricultural income the can offset all the maintenance cost. My brother has invested in a flat elsewhere and is residing in our father's house (me too) and is planning his life. Question is does he have direct heir ship or claim to the house because of his stay over here?
Kumar Doab
(Expert) 01 February 2015
If the note in the diary is a valid WILL then as per your post spouse (your mother) is not given any share.
The WILL may have to be probated in court of pecuniary jurisdiction (Civil/HC) and prescribed fee may have to be paid.....
The amicable settlement is best solution.
Partition deed may be registered.
All may agree to partition without greed......
The expenses incurred by anyone should not matter.
Approach an able lawyer dealing in civil/revenue/property matters with all docs on record
menonv
(Querist) 01 February 2015
Dear Mr. Doab,
Thank you very much for attending and taking time to guide me.
From your last message I can gather with full understanding that, despite what ever expenses my brother has done post my father's demise, does not entitle him to claim the house nor that my mother can make the claim that the house should go to him, yes?
I am homeless among the five brothers but that does not entitle me to claim the house too I agree, but can I request in lieu of other property assets and humanitarian grounds? [just wanted to know if there was rationality in doing so].
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
The writings in the diary cannot be construed as a Will. You are legally entitled to 1/6th share in the entire property. Any share of property beyond your right is a matter of discretion by other share holders and you cannot claim it as a right. Try for an amicable settlement with mutual willingness by others in your favor on a specially organised family meeting so that you can vent out your desire and concerns.
Rajendra K Goyal
(Expert) 02 February 2015
The diary note if does not fulfills the basics of will, it would not be treated as will. In such case, all legal heirs have equal share in the property. Your mother is free to give her share to any one including your brother.
You can request your mother to give her share to you.
