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ritesh kansal   27 May 2021

How a constructed house divide among legal heirs

My father has died without a will and left a double story House constructed on a plot size 2000sq , We are 4 siblings , How the property is divided among all of us.

My question is : How the property is divided among all of us , Who gets which portion of house , how this get divided? What is the law for this .

Please reply.



 18 Replies

Akshita Phutela   27 May 2021

When a person dies their assets are distributed according to a will, if a person has died without leaving a will (intestate), the assets are divided according to law based on their religion.

Hindu, Jain, Buddhist, Sikh succession is governed under Hindu Succession Act.

The property under this act is divided equally amongst the legal heirs.

 

The classes of heirs are divided into:

 

Class I heirs:

This consists of an immediate family linked by the deceased, all the people falling under this class shall divide the share equally amongst them.

  • Son

  • Daughter

  • Widow

  • Mother

  • Son of a predeceased son

  • Daughter of predeceased son

  • Widow of predeceased son

  • Son of a predeceased daughter

  • Daughter of a predeceased daughter

  • Son of predeceased so of predeceased son

  • Widow of predeceased son of a predeceased son

  • Daughter of predeceased son of a predeceased son

 

In absence of class I heirs the property is divided amongst the class II heirs.

  1. Father

  2. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister

  3. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.

  4. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.

  5. Father's father; father's mother.

  6. Father's widow; brother's widow.

  7. Father's brother; father's sister.

  8. Mother's father; mother's mother

  9. Mother's brother; mother's sister.

The people in first entry will be preferred to that of the people in the second entry, similarly, the people in the second entry will be preferred over the people in the third entry and so on.




 

2 Like

kavksatyanarayana (subregistrar/supdt.(retired))     27 May 2021

Agreed with the reply of Ms.Aksh*ta.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 May 2021

All the legal heirs should come to a proper conclusion as to how to share the property with the house thereon. Since there is a house, it may not be possible to divide the entire property into equal parts as it may come in between rooms of the house.  Therefore, property to be logical to be divided in such a manner that each person can utilize or sell the same independently without recourse to the other.  In the process, one person may get a little bit more property and another may get a mere vacant site without any part of the house. Therefore, after the logical decision to share the property with the boundaries decided, the person/s who has got more property has to pay the one/s who got less property. Such sharing needs to be made through the instrument of Settlement Deed which needs to be registered.

 

If the above is not possible, all legal heirs can together sell the property and share the sale proceeds equally.

 

 

1 Like

ritesh kansal   28 May 2021

Many Thanks for the reply but this didn't answered my question . Thank you !

Sankaranarayanan (Advocate)     28 May 2021

Noting more to be added. i do stand with experts . 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 May 2021

Dear Sir,

 

I do not think there is any specific procedure prescribed in any act as to how to share ie in the case of a site on which house also is constructed. It depends upon the persons who wish to share. That is why the procedure of Settlement Deed has come into vogue. Therefore, I suggest you have a family meeting first, preferably in the presence of family elders, and decide how to share the property. When once the most important aspect of sharing the property is settled, rest is mere legal procedure of drawing up a settlement deed duly signed by all the legal heirs and getting it registered.

1 Like

G.L.N. Prasad (Retired employee.)     28 May 2021

Your query is how to divide the existing one house into four equal shares.   It has to be decided by the co-sharers among themselves.  The proper way is to opt for some elders mediation and depending on laid down Vastu principles (Younger ones EAST and Northside- Elder children WEST and SOUTH).  A market value has to be arrived at, and the amount should be divided equally between the co-sharers and those who wanted to retain may pay the shares of those who do not want the house. If there are other movable properties like Gold,/Deposits/Shares/Vehicles  The value can also be added to this immovable property for proper division.  Those who wanted to retain may sacrifice the value to those who do not want to retain the house in the form of gold or other moveable   If no one wants to keep their portions, entering into a settlement deed, giving POA to one or two, dispose of the property and sharing proceeds fewer expenses in between the co-sharers giving few thousands extra, who managed the transaction.  Because of this equal share stipulation, many good houses, traditionally existing for several years with bundles of memories are either kept vacant or sold away.. To retain the ancestral house, there should be some sacrifices from those who can afford it. 

1 Like

ritesh kansal   28 May 2021

Dear SivaRamPrasad and  G.L.N Prasad Sir ,

Many Thanks for your replies.

You perfectly answered my question and now i clearly understood the points as how to proceed further.

One more thing : my  2 sisters want to give their share to me as I was taking care of my parents will my brother legally can create any problem for it.

G.L.N. Prasad (Retired employee.)     28 May 2021

It is none of their business.  Generally taking a sister's property is not treated as good among Hindus, and brothers who acquired a share pay them a certain amount as a gift from the parents and now it becomes your responsibility to look after them as demanded in tradition in absence of their parents.

T. Kalaiselvan, Advocate (Advocate)     28 May 2021

Since the father is reported to have died intestate, the property left behind by the deceased  shall devolve equally on all his legal heirs which include the widow of the deceased, children and the mother of the deceased. 

Since the property is indivisible mong all the legal heirs, all the heirs should discuss about the sharing and arrive at a consensus on mutually agreed concept or terms.

If no decision could be arrived and some of the heirs are agitating or disputing over the allocation of shares and are aggrieved, then the next option is to approach court of law with a suit for partition.

Partition of dwelling house will be decreed if insisted but Court will try that dwelling house stays with one or more coparcener but if no agreement is made among them, then the dwelling house will be sold and all the proceeds of sale will be divided among the shareholders.

Some properties are indivisible because of their nature like animals, furnitures, stair cases, wells, ways, passages, utensils and ornaments of a coparcener wife. These things cannot be divided unless we destroy their intrinsic value. These things should be sold and their proceeds divided among the shareholders. 

1 Like

P. Venu (Advocate)     28 May 2021

Yes, the property, as such, is indivisible. If no amicable settlement is possible, the court need to be approached under the provisions of the Partition Act.

1 Like

Dr J C Vashista (Lawyer)     29 May 2021

I presume your query is with respect to mode of partition a property left behind intestate by their father, isn't it ?

If so, the property can be divided between share-holders amicably (by meets and bound). However, if it is not possible to make agreeable partition, file a suit for partition and possession before competent civil court through a local prudent lawyer. 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     30 May 2021

You four are not only entitle to the share in the house.  Remaining legal heirs of your father are also entittle for the equal share in the house.  Your mother and sister if any are also equal share holders.

The property will be divided if it is convenient to live in that.  If one of the legal heirs wants to purchase the entire house then he will have to pay the share of the other legal heirs. 

ritesh kansal   30 May 2021

Dear All ,

Many thanks for all the valuable answers , I am very much thankful to you all .

 Out of us 4 , Three ( me +2 sisters)  are ready to discuss to the partition mutually but my brother is not ready for any discussion, he is insisting to do a half half .

so my question is :  If one of the legal heir is not coming to mutual discussion , what can be done , Will the other three get the division of 3/4th of property and leave the 1/4th for him.


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