Share in property

3 sons and 2 daughter so total 5 part in this property. For ex.. 100\5 = 20 (per member) now 1 daughter expired so her legal heirs right in her property ( 3 sons and 1 daughter and husband) so 20/5=4% each person right  in this property. 

Mr. Narinder,

The calculation given by Mr. Bharat Kumar is correct but firstly please note that if there is any will executed by the deceased father or deceased daughter the property will devolve accordingly. Secondly if the money invested in the property purchased by the deceased father has come from any son also he can seek partition according to the money share he invested in the name of father. Because in our country sometime sons give their earnings to their father and let the property be purchased in father's name. So the facts will also matter.

B.S.CHHABRA

legallhelpp@gmail.com

09636559976 

Thanks Mr. Chhabra and Mr. Bharat

In fact this property was purchased in 1958 and there is no will anywhere.  The facts of the case are as follows:

The father (F1) purchased this property alongwith his eldest son (S1) - the registered deed being in joint names of father and his eldest son (S1).  The father had expired in 1985 and has 3 sons - S1, S2 and S3 and two daughters D1 and D2 (D2 expired a couple of years back leaving her heirs as her husband and 4 children as discussed earlier)

As I understand S1 is clearly entitled to 1/2 share because he is joint owner of the property alongwith his father F1.  Out of the remaining 1/2 share, S1, S2, S3, D1 and heirs of D2 are entitled to 1/5 share each.

Will it make any difference if S1 had made entire investment in the property and just allowed F1(his father) to have his name included in the registered document?  Does this make S1 entitled to the entire property?  Please advise

hello sir,

I, Usha Gupta from Varanasi. i am in a great need of ur help. My husband who is the elder son of the family alwuays use to think of himself as a second sharvan Kumar. He always honoured his parents and brought up his yonger brothers and sisters as his own children. After completing his studies he started his bussiness with his second brother earned a lot by this bussiness and i and my husband agree that all this earnings was by both himself and his brother. what ever they purchased like gold, silver and plots and house it was in their parents name, and one house in the name of his mother, and himself, and his two younger brothers. 

All the goods and jewelleries were in my in-laws custody.p

I and my husband arranged marriage of his younger brother and sister. his second sister is married in allhabad.  his third brother wanted to do his masters in abroad so my husband helped him in every way. he went there and after his study he got job there and settled in U.S. with his Spanish wife and daughter.

My husband's second younger sister also after completing her studies got married and lives in Gurgaun.

I have two children  and when it was time for my daugheter for higher studies fees. They refused to give a single penny and my husband and i was too much shocked.

They took all the powers of the property. And told that they will think what and distribeute the property later on.

we have two houses which are ancestral. in one we the whole family lives and we only use one room one kitchen and a bathroom and the whole house is in there custody. the another house my second number brother in law is using. on the plot space my mother in law is running a school. and on the other house which is on the name of my husband and his brother in law's name, my husband used to run a small factory which is also closed since a year. presently it is in our custody and we were planning to start any new bussiness in it.

my husband and my brother purchased one plot and a house which is in the name of my in-laws, and one house which is in the name of three brothers and my mother in law.

My father in law passed away in the year 2009. after his death my husband performed all the ceromuanies which are in hindu custom.  after some time we come to know about that my second brother in law has claimed that my father in law has a will in which he have given all the ancestral property to him. so after discussing some of our relatives we suit a file. but since one year is over we are not getting any response just only date after date.

and now my brother in law is saying to put a partion in only our shares and they will take custody in the rest. all  the rest of the family members are with him.

how can we prove that when my husband and his brother purchased the plot and houses my inlaws didnt spent a single penny, because my father in law was jobless and my mother in law was primary teacher. and his youngr er brother was a 9 standard student. 

sir kindly please help me soon coz i am  in a great need of ur help and advice. My husband is in great deppresion.

thanks