Ram KUMAR 17 February 2021

Inquery about a case

Dear lawyers, A Constructed GF+FF House is on my mother's name (LAND too) and she died recently (she didn't wrote any WILL) and Out of 3 legal heirs, my self and my elder brother wanted to rent out the house and keep the rental income within ourselves (as the Ground floor has been extended by me and First floor has been constructed by my elder Brother). Now, my sister (as a 3rd heir) sent a Legal notice claiming a share (1/3 rd) from the rental income. we are ready to give her (1/3 rd) share, at the time of selling this property but not on the rental income. pls advise, how to reply the notice and if she file a case aganist us, what will be the outcome?

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Quick Summary

This discussion concerns a property inherited by three siblings after their mother passed away intestate (without a will). Two siblings wish to rent out the property and retain the rental income, as they contributed to its construction and extension. However, the third sibling has issued a legal notice claiming a one-third share of the rental income. The advice provided clarifies that all legal heirs are entitled to an equal share of the property and any income generated from it from the date of the owner's demise. While the siblings who funded the construction may be able to recover their expenses, this is a separate legal process from sharing the rental income.

4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2021

1. Sister, being a legal heir, is entitled to 1/3rd Share in the Property as well as any Income that may be generated from the Property. There is no exception to this and sisters right CANNOT be stopped or curtailed.

Keep Smiling .... Hemant Agarwal
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Ram KUMAR 17 February 2021

thanks Mr.Hemant ,

what about the cost incurred by myself in the construction of GF and FF by my brother. is that will be shared as 1/3 rd with my sister.

H.JanakiManohar Rao (lawyer) 18 February 2021

You have no right to deny her 1/3 right in building income as your mother died intestate.Her share of rent shall be paid from the date of your mother's demise.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 18 February 2021

Originally posted by : Ram KUMAR
	thanks Mr.Hemant , what about the cost incurred by myself in the construction of GF and FF by my brother. is that will be shared as 1/3 rd with my sister.