Partition of ancestor property
samuel
(Querist) 27 November 2015
This query is : Resolved
Sir,
My father has expired. My father did not write any will for his property. My mother is paying tax for the property of my father, most of the property given to him by my grandfather. I have only one brother and no sisters. My mother says she is going to write will that she will give away almost everything of her share to my brother's children. Can you please tell me how much share of my father's property she can give away. Is there any way I can claim my grandfather given property be equally divided between me and my brother? What steps if any I could take to get a better share?
Sudhir Kumar, Advocate
(Expert) 27 November 2015
you can file partition suit.
you may or may not get the property
but it is sure that
you will lose relationship permanently and the loss is much more costly than the property you may (or may not) get.
Legal fight for partition property is more more disturbing than losing property.
Rajendra K Goyal
(Expert) 27 November 2015
Discuss with local lawyer and show him all the documents.
P. Venu
(Expert) 27 November 2015
Prima facie, the property is not ancestral. On the demise of your father the property vest jointly with your mother and all the siblings. She can bequeath only her share.
Paying the tax does not make the mother the owner of the whole property.
You can try for an amicable settlement or else file a partition suit.
Dr J C Vashista
(Expert) 29 November 2015
Status of the property devolved upon your mother from your deceased father has not been mentioned. Besides this, how your mother is paying taxes (which tax); property tax do not confer title of the property.
Consult a local lawyer for proper analysing, guidance and advise.
K.S.Srinivas
(Expert) 04 December 2015
The property of a male Hindu dying intestate shall devolve according to the provisions of Section 8 of the Hindu Succession Act, 1956. Sub-section (a) of Section 8 of the Act provides that the property of a male dying intestate shall devolve firstly upon the heirs, being the relatives specified in class I of the Schedule. Class I of the Schedule reads as below:
"Heirs in Class I
Son; daughter; widow; mother; son of a pre- deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre- deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre- deceased son of a pre-deceased son; son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre- deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre- deceased son."
In your case, the property shall be shared among your mother, you and your brother. The share of your mother can be given to anybody at her will and wish.
Payment of taxes does not confer any right that your mother is the sole owner of the said property.
samuel
(Querist) 16 December 2015
So, parents don't have the obligation to give equal share to heirs. Their responsibility ends as soon as their children become a major and then they can drive them out of their house and property, nobody can claim anything from them even if they are wealthy.
