Mahadevan (General Manager Operations) 25 January 2011

Property Share

My father aged 70 expired in 2009 intestate (without writing any will) for the residential property we stay in. He has left behind my mother aged 68, 2 elder sisters and myself (married for the past 13 years).

I wanted to know who will be exact succession to the family in this condition. Also please note my mother has filed a Civil Suit in the Madras High Court against me, in order to sell the house. My mother also have property in her name. My questions with regard to this property issues are as below:

How is the property shared among us?
Who can enjoy the maximum share out of it?
If I do not want to sell the property and stay in the house against the wishes of my mother & sisters, does law permit them to have an injunction on this?
Can my mother & sisters put a stay on this property thus make me vacate the house?

Kindly let me know the details at the earliest.

Regards......Mahadevan

Reply Follow

3 Replies

Rakesh Shekhawat (Advocate) 25 January 2011

1. The property will distribute equally among the heirs i.e. ur mother, sister and yourself.

2. All heirs equally share 1/3 part of property.

3. Yes, you can reside in the house against ur mother's will.

4. No they can't but if ur doing domestic violence than it can be possible.

V. VASUDEVAN (LEGAL COUNSEL) 25 January 2011

Your mother would be entitled to 1/3 of the shares and the remaining 2/3rd should be divided in equal prportion between yourself and your sister. In case of dispute, the legal heirs can claim for partition..Please see the extract of the provisions of the Hindu Succession Act - ClassII

vasudevan

10. Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.