Division of property
Suraj Kumar
(Querist) 26 February 2019
This query is : Resolved
Sir,
My mother died on 2017 and left one plot having area 2030 sq. ft. which was purchases in the name of my mother. On 1/3 area of plot I have constructed a house.
My brother is making a house in 2/3 area.
Sir,
Due to transfer I am not living in house made by me. I want to earn from that house by rent.
But whenever any tanent come my brother did not allow to enter in my house.
My father is alive.
How can I sell my house ?
How can I register my house in my name?
How can I rent my property?
Suhail suhail
(Expert) 26 February 2019
It appears that the property is still unpartitioned,you need to distribute the property by way of an instrument ,as your father is alive now, it is better to get your shares specified and distributed otherwise it will be big problem for you in the future.
Keep your title flawless and specified.
Since the property belongs to your mother your father is the legal heir of property and in absence of will,the father has right over the property of his deceased wife. Just settle the issue by asking your father to divide the property among you and register the same in the court. Later you can rent or lease your property ,just now you have temporarily occupied the shares without any specifications. Demarcate your boundaries and setlle the matter once for all
Advocate Bhartesh goyal
(Expert) 26 February 2019
It appears that your property dispute can not be solved amicably and you have to file partition suit before civil court and claim your share.As per Hindu succession Act,if a married woman dies intestate,her property will be divided in equal ratio among her husband and children thus you will get 1/ 3 share .
