Intestate property

Sundar (Querist) 31 March 2018 This query is : Resolved
My father died in 2011. He is survived by his wife and 2 children - me and my sister. He was the owner of the flat in which I currently live.
In 2016, I initiated the process of getting the flat transferred jointly in the name of all 3 of us, being the legal heirs. Now my mother and sister want to claim their share of the flat for which they have given 3 options for me to consider :
1. Sell the flat and distribute the proceeds to all 3
2. Pay them the equivalent value of their share and get the flat transferred in my name
3. Pay the rent for the flat from the time of my father's demise till date and continue to pay the rent till the flat is sold.

I can't consider the 1st option as I am not in a position to shift currently due to children's education being in progress and can't be disturbed.
Option 2 also is not feasible as the amount of money is huge and I don't want to spend that much money on an old flat (it is more than 35 years old). Raising this amount of money is also going to be a stretch and for no productive reason.

What I would like to understand is if they can claim proportionate rent from me from the period of my father's demise since neither was the house in their name at that time nor was there a rental agreement either with them or with my father for them to claim this amount in that period,

Please clarify the legal position in the third option.

Follow Query

Report Abuse

Guest (Expert) 31 March 2018
Discuss with An Local Advocate in detail and get your Agreement drafted as per your decision which could convince both the sides. It would be Safer for You.

rajeev sharma (Expert) 31 March 2018
you agree that the mother and the sister has a share in the property and this share accrued since the date of death of your father .so your first question that they wee not heaving share in the property is replied by yourself. You are enjoying their share in the property since that so cut of date of tenancy is a matter of agreement among you three, no legal opinion may be given on that.

Guest (Expert) 01 April 2018
Repeated query, as at the following thread:
http://www.lawyersclubindia.com/experts/Property-left-w-o-will-677001.asp

Dr J C Vashista (Expert) 01 April 2018
You are not the only queriest on this platform to seek obligation of expert FREE OF COST, engage a local lawyer instead of repeating same story.