House property dispute between 3son

Guest (Querist) 21 September 2014 This query is : Resolved
Mother=M

Son=A,B,C

In 1981,Mother was having a house in her name which was built with equal contribution from "M"+"A"+"B" total Rs.120000
In 1990 house was further developed with first floor by cost of Rs.75000 by "B"
Since 1990 "M" lives with "B" on first floor.
In 2000 ground floor was developed by "A" with Rs.350000
In 2005 First Floor was developed by "B" with Rs.350000
"C" living separtly
On Death of M in 2012 (no will or deed),
"C" claiming his right in full property value as 1/3

Considering the property was maintained and developed by A and B, I feel it injustice to go for 1/3 share to A,B and C.

So what should be my advise as to make it fair deal for all three A,B and C.

About me- I am CA, just started practice, and one relative came up with the said case on hand, asked me to advise for.
Being on neutral on all sides I want to suggest them to prevent their family bonding later on also.

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Anirudh (Expert) 21 September 2014
The fact remains that the property is in the name of the deceased mother. The mother has not left any WILL. Therefore, the property will go equally to all the three sons equally. This is despite the fact that A or B might have contributed in development of the building. But it should also not be forgotten that they enjoyed living in the building without paying any rent all these years, while C was living separately. Therefore, the contribution by A and B would not come into play while distribution of the property.

Rajendra K Goyal (Expert) 21 September 2014
The property is in the name of mother, technically she is owner, though sons contributed for development.

After death of owner of property (without leaving a will) would be owned equally by all the legal heirs.