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Pramod   28 January 2019

Son invests in father's property. no will after expires

We are 2 brothers and 1 sister. I'm younger son an NRI invested in rebuilding my father's house in 2010. I have put money about 35-40 lakhs. My father retired and put his money 23 lakhs to build house.

Old house has had only single floor. After rebuild , It has ground floor , first floor (2 portions - each 2 bed room), 2nd floor and another portion ( a 2 bed room ) in 3rd floor. Its same size as one of portions of 1st floor.

My father dies without able to decide and no will made. How to split house and how do I make sure I get the right proportion?




 7 Replies

Shashi Dhara   29 January 2019

U contact civil engineer who divides house and gives sketched plan with mentioning area with valuation.if all of u says ok make a partition deed and register it on subregistrar office.eith respective shares.

G.L.N. Prasad (Retired employee.)     29 January 2019

When you are not in a position to decide the proper shares that justifies the investment, let some elders in your family take the lead and let brothers negotiate to keep long term relationship in mind.

H.M.Patnaik (Proprietor)     29 January 2019

In absence of a WILL left by your father, as per prevailing law ,you are entitled to 1/3rd of father's property. Being the ablest of all three siblings,it is better if the matter is decided amicably in presence of family seniors and wellwishers in greater interest of family harmony. 

P. Venu (Advocate)     31 January 2019

Try to make an amicable settlement. Else, a suit for partition could be filed and you can try to establish a claim for an enhanced share, if so inclined and advised.

Pramod   31 January 2019

Appreciate all your responses. I have only bank transactions that shows amount send to my fathers account during time of construction ..2010-2011 would that alone be sufficient to claim extra share? Is my mother entitled to whole house or only 1/4 of house along with 2 brothers and a sister ? Correct me if I�m wrong so my sister has equal share because of 2005 amendment? I didn�t know anything about that until now.

G.L.N. Prasad (Retired employee.)     31 January 2019

Any property acquired through any one's income when the property is not divided into metes and bounds continues to be in possession, enjoyment, and presumption that the property is joint.  Simple sending amount is not confirmed as you can not establish the end use of that money by your father and the very purpose of it.  However, you can have a moral say within the family either for a return of the amount invested with interest if any in addition to your share.  All legal heirs including your mother, irrespective of their contribution are entitled to an equal share.

Coming to daughters, they are entitled to a share of their self acquired property of deceased intestate father since 1956.  The additional rights given in 2005 is on ancestral property acquired by father giving rights to females also equal with male heirs.

1 Like

P. Venu (Advocate)     01 February 2019

Yes, the mother and sister have equal share. As regards as to your contibution in developing the property the stand of your mother and siblings is the crucial aspect. If any of them acknowledge your contribtion, that would of much evidentiary value if the matter reach the Court.

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