Distribution of property
snehashree
(Querist) 31 March 2013
This query is : Resolved
Dear Sir/Ma'am,
We are three siblings elder sister, then myself and my brother. Father expered last year leaving behind a house and ancestral farm land. I insisted to include the name of my sister in the list of beneficiaries after the death of my father. Brother after staying in fathers house for 25 years got renovation done in the house . My sister told him that we have no interest in the house and are ready to forego our claim. He states that he will compensate us by giving similar value in the farm land however, we should pay him Rs 9 Lakhs which he has spent on renovaqtion. We opposed this by saying that neither he asked us before renovation nor have we stayed in that house. The renovation is done by him, he has enjoyed it for past 25 years and in future also he is going to use it once we leave our claim. I told him I would not have claimed the money if I was in his place. I always appeal to him so that the problem can be resolved in the best interest of all and being educated we must behave in a matured way. My mother is bedridden and due to old age does not remember any thing. Yesterday she just happened to say that she has gifted this house to my brother's wife. I am afraid, in our absence, such move may take pace or might have already taken place. Please advise me what caqn be done to avoid such umpleasent mischief and every one gets his due. Being elder son I feel its my responsibility to ensure all threee of us get equal share and no body is at loss financial or otherwise.
With warm regards.
Shrikant
Advocate M.Bhadra
(Expert) 31 March 2013
If both the property are self acquired by your father then you have all equal share,your mother can gift only one/fourth of her share(not absolute.Try to amicably settle the matter by a registered Deed of Partition,otherwise you have to file a partition suit to claim your share.
HINDU SUCCESSION ACT
8.General rules of succession in the case of males
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II
of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the
exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second
entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.
10 Distribution of property among heirs in class I of the Schedule
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance
with the following rules:
Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take
one share.
Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate
shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows
together) and the surviving sons and daughters get equal portions; and the branch of his predeceased
sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving
sons and daughters get equal portion.
Partition through Court
Now, all of the above can be effected if the co-owners agree amongst themselves to partition the properties. What is to be done if one or more co-owners simply refuses to acquiesce in any kind of process for partitioning the properties?
The answer lies in the Courts. If you are being deprived of your lawful share in your father's or mother's property, and if your siblings are taking your share as well, or even a portion of your lawful entitlement, then, if all avenues and means of amicable resolution have failed, then, you can approach the Courts for redressal.
In such cases, you would file a suit for partition and separate possession of your share. The Government has, in its wisdom, granted a concessional court fee tariff for partition suits filed by persons who are in possession of the properties sought to be partitioned. Since a co-owner of properties is deemed to be in joint possession of all properties in which he or she has a co-ownership right, most people approaching the Court for the relief of partition would be entitled to the benefit of the concessional fee tariff.
While filing such a suit for partition, you would also be entitled to ask the persons who had been denying you of your lawful share, to compensate you for the period that you had been deprived of your lawful share. This compensation will be determined by the Court separately, once your lawful share has been ascertained. The name given for such compensation is "mesne profits" (pronounced as mean).
prabhakar singh
(Expert) 31 March 2013
If the house as well farm both are ancestral
and you 03 siblings were born in the life time of your grand father then on his death
your father held it in coparcenary of 04 members,he himself and you three.On the death of your father(if he died intestate) his 1/4 devolved equally upon you three and your mother each to get 1/16.Hence each of sibling has a share of (1/4+1/16).THEN EVEN IF YOUR MOTHER HAS MADE ANY DEED OF GIFT IT WOULD BE VALID FOR JUST 1/16 SHARE AND NO MORE.SUCH GIFT REQUIRE REGISTRATION AND TRUTH CAN BE ASCERTAINED INSPECTING RECORDS OF SUB REGISTRAR OF THE AREA IN WHICH PROPERTY IS.
YOU HAVE STATED"Father expired last year leaving behind a house and ancestral farm land."
If you mean to say it was only farm that was ancestral and not the house and house was self acquired property of your father,then read the above answer for
FARM only and in HOUSE in this situation
the SHARE OF YOU FOUR(mother,and 03 siblings )would be 1/4 each and accordingly
any gift made by registered deed by your mother would be valid up to 1/4 .
The properties are still joint,you could have used it and can still use it,so on this score that you did not use it, can not claim any compensation in nature of rent for exclusive use by your elder brother unless you plead an agreement (may be oral also)that
he was allowed to use it exclusively and it was rent consideration of you two that was employed towards innovation of the said house.
prabhakar singh
(Expert) 31 March 2013
professional query.........????????????
An other thing that i did not know before my response.
Raj Kumar Makkad
(Expert) 02 April 2013
It is very strange that people come to know about the professionalism of the query only after fully attending it.
prabhakar singh
(Expert) 02 April 2013
Because i dislike habits of people who outsmart others even when they are mugs.
snehashree
(Querist) 03 April 2013
Dear Gentlemen,
Thank you very much for the professionalism displayed in answering my query. I feel proud to be a member of this Lawyer's club of India. I respect all of you for your professionalism and attitude to answer the query to make the AAM Aadami satisfied.
Thanks and god bless all of us, the queriests, professional solution giversa and friends.
Once again thanks and please accept my appreciation for your professional attitude.
Shrikant
