House
Prasad
(Querist) 04 June 2014
This query is : Resolved
This query is for my wife
My father have 2 children one son and one daughter .Our father expired in January 2014 and survived by wife and 2 children . He expired in hospital. He did not wrote any WILL and we have a house on his name . Our mother stays with her son in Bangalore and we stay in UP. our house is locked since then and mother wants to sell that house and wants to settle in Bangalore .
It is learnt that she wants to give her share to son. As father have not written WILL it means son , daughter, and wife (our mother ) have equal right in that house , Can it be disposed with our consent .
Even if we agree what are legal actions to be taken
Devajyoti Barman
(Expert) 04 June 2014
Yes, all of you have equal share.
So all of you can sell off the house and divide the sale proceeds equally.
If any of you try to deprive the other, he/she can go to court, file a suit for partition and injunction.
ajay sethi
(Expert) 04 June 2014
all legal heirs have equal share in property . property can be sold with consent of all heirs and sale proceeds divided .
suit for partition can be filed but it would take years to be disposed of
Rajendra K Goyal
(Expert) 04 June 2014
For selling of the house, consent of all legal heirs required.
Sankaranarayanan
(Expert) 04 June 2014
No more suggestion need to be required for your query. I do agree with experts
prabhakar singh
(Expert) 20 July 2014
EACH ONE OF YOU ,YOUR MOTHER.YOU AND YOUR SISTER HAS GOT 1/3rd.
AN UNINHABITED JOINT DWELLING CAN BE SOLD BY ANY CO SHARER TO THE EXTENT OF HIS /HER SHARE
EVEN WITHOUT CONSENT AS NO RIGHT TO BUY BACK
LIES IN SUCH A HOUSE BY CO-SHARER WHOSE CONSENT WAS NOT TAKEN.TO APPLY THIS RIGHT OCCUPY THE HOUSE AND START LIVING THERE IN.
