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DPK (marketing manager)     02 June 2014

House division

My mother, 2 sisters and myself with my family are staying in the same house. The house has ground floor, first floor and one room on second floor. My mother and sisters stay in the ground floor, and I and my family stay in the first floor, the second floor room is on rent, and the rent amount goes to my mother. Construction of house on first floor and second floor room was financed by me through a loan as a co-applicant along with my father. My father passed away three years back. My father’s wish (but he did not make a will) was to give the ground floor to one of my sister, first floor I keep it, and the room on the second floor to my other sister. Now my mother wants to settle the house between us as per my father’s wish, and I am fine with that, but I have the following questions. 1) Given I financed the construction of first and second floor (bank EMIs to prove that), can I claim for a larger share of the house, i.e. First and Second floor (Because I financed the construction) and 1/3 of the ground floor. 2) If the split is decided as per my father’s wish, then I do not want any additional construction on the terrace part of the second floor. Can I legally object to it. 3) Incase I wish to purchase my sister’s portion of the house, then how should I decide their portion – a) Should I consider the cost of the entire house and split the amount by 3 to derive at the amount I need to pay my sisters OR 2) Should I consider the cost of built up area for the ground floor to settle with my first sister and cost of one room house on the second floor to settle with my other sister. Please advice.


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 June 2014

Your mother is legal heir for the property. She will decide the share. The total cost of the flat is to be considered for sharing.

T. Kalaiselvan, Advocate (Advocate)     03 June 2014

If the property was on your father's name, then all his legal heirs have a share in it equally.  Now since you state that you have financed for construction of some portion of the building, but you also reside in the same constructed portion of the building, why don't you sit and talk with your people about sharing and other aspects, legally, there will be much complications, dissatisfaction among you people, frustrations, hatred, civil suits and loss of mental peace.  Hence, it is always better to go for an amicable settlement among the family members which will certainly benefit all for once and for ever.


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