Father's property without will
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
Hi,
this is regarding my father's property which is without a will. We are 3 sister's my father expired. now the property needs to be divided.one of my sis is deceased. she has two daughter'I know that the property should be divided among four of us. there is one more issue is that the site consists of 3 floors which one belongs to my elder sis the 1st floor to me and the second to my other deceased sis, as my father suggested. Now I want t know if the house is not there then how will the property be divided/my question is that how will it be bifurcated among us and what are the documents to be used and what document should my mom use to give her property to her grandchild.
Devajyoti Barman
(Expert) 03 December 2011
Any vacant or constructed property is liable to divided among the legal heirs in equal shares.
The law is silent about how it is to be divided. If the parties do not reach to an amicable settlement then they will have to knock the door of the court who by appointing a Commissioner would come to such conclusion.
Nadeem Qureshi
(Expert) 03 December 2011
if the amicable settlement can not be made then file a partition suit before civil court.
Sailesh Kumar Shah
(Expert) 03 December 2011
I also agree with Mr.Barman.No further addition requires.
prabhakar singh
(Expert) 03 December 2011
No addition, i see, required to advise advanced by Mr.Barman.
M/s. Y-not legal services
(Expert) 04 December 2011
repeated query.,
Father's property without will Report Abuse
Category : Family Law | This query is : open
author : Anonymous
Posted On
03 December 2011
this is regarding my father's property which is without a will. We are 3 sister's my father expired. now the property needs to be divided.one of my sis is deceased. she has two daughter'I know that the property should be divided among four of us. there is one more issue is that the site consists of 3 floors which one belongs to my elder sis the 1st floor to me and the second to my other deceased sis, as my father suggested. Now I want t know if the house is not there then how will the property be divided/my question is that how will it be bifurcated among us and what are the documents to be used and what document should my mom use to give her property to her grandchild.
if it is amicable then what are the documents t be used to transfer the property to our name. secondly my mother's share needs to be given to her grandchild how does she go about? They have suggested documents like release deed. The Khata is in my mother's name.Is that right?
Expert : M.Sheik Mohammed Ali
Posted On
03 December 2011
all the legal heirs first prepared partition deed and allot the schedule the property as per legal heirs wish'
Expert : prabhakar singh
Posted On
03 December 2011
When your father[if a hindu] has died
without a WILL living behind him a widow two daughters and two grand daughters[02daughters of a predeceased daughter],then the entire property has been inherited by you all simultaneously by share1/4 your mother,1/4 you,1/4 your sister and 1/8 each of the two daughters of your deceased sister.
When no house exists then naturally there would be plain land and the same shall be partitioned as per share told above.If the land becomes of no value due to partition then all of you should jointly dispose it by a sale deed and can distribute its consideration in ratio of shares told above.
Expert : tom.advocate
Posted On
04 December 2011
yes.., rightly suggest by prabhakar sir.,
since there is 1+1+1+1/2+1/2=4 shares,(5 peoples), but there is only 3floors in the building.
so its according to your family member's mutual understandings., my suggestion is all are residing out of the property mean according to its value you can divide your share by money.
Shonee Kapoor
(Expert) 06 December 2011
Agreed with Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
