Anirban 27 August 2018

Share in family property

My father owned a considerable size of land alongwith commercial buildings upon it. Thereafter he passed away. We are 3 brothers. I have stayed my entire life looking after the property. My other two brothers are settled in abroad for the past four decades are have citizenship of such foreign nations long back. They visit the place only once or twice in three to four years.Now, we are interested in developing the plot by a promoter. My elder two brothers are claiming equal share in the proceeds. Do I have any legal remedy to get a major share in the proceeds. We also have a commercial building upon the said plot. Do I have any legal remedy to ensure a major percentage of rental income for me or will I have to share it equally with my brothers.

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Aks 27 August 2018

Clear and simple answer: If your father did not leave a Will then, all three of you have equal share in the property. It doesnot matter if the brothers live in India or abroad...they still have legal right to inherit their share of father's property.

The only way you can get more than 1/3 share is by requesting your brothers to give you more. If they are doing well abroad and have enough wealth, they might give some more to you. Otherwise, each one gets 1/3 share and 1/3 share in income.