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timesb (none)     11 March 2013

Unwilled inheritance and beneficiaries' family

This is the scenario - The home owner passes away without leaving a will.  There are 3 inheritors (children of the deceases) of this house. 

What I know is that all 3 have equal right to stay in the house till it is settled among them. 

The question is, if any one of them can bring his/her personal family to stay in the house without permission and if this extra non-beneficiaries can stay without paying the other beneficiaries.  Also, can these non-beneficiaries keep parts of the property locked for themselves denying entry to the other beneficiaries.  (this non-beneficiaries are the family of one of the beneficiaries). 

Thanks for any expert comments on thiis 

  Timir B



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 March 2013

3 of them have  equal rights in that property eventhough unregistered will. Each of the beneficiery can enjoy the right to his equal proportion of the rights in that property.


(Guest)

The trio are heirs of the deceased and if they are living jointly without any partition of the property by mutual consent then all have equal rights to enjoy the property without disturbing the right of fellow heirs.


Any one of heirs don't  have right to allow anyone to stay on property without the consent of fellow heirs, and also cannot allow anyone to stay for considerable long time without paying any consideration.

Although any heir can allow without the consent of fellow heirs, his/her relatives to live on that part of undivided property which he/she is currently using for himself/herself, but cannot allow without consent of fellow heirs, to live on common part of undivided property which is used by all heirs equally. 


Non-beneficiaries/Non-heirs cannot restrict any kind of right of real-beneficiaries/heirs, they cannot even restrict ingress-egress to any part of property.

Because non-beneficiaries have not acquired any kind of right in property, they are allowed to live just because of good-faith of one of heirs, good-faith cannot be misused.


Family of heir can only include spouse, children.

If male heir, then his family includes his wife and children and have right to live on undivided property. A male heir cannot allow relatives of wife to use the undivided property without the consent of other heirs. 

If female heir and is married, then her family includes her husband and children, although she also have equal share to that of male heirs but her first living place is her matrimonial home (husband's living place/property). But if she was allowed to live with her husband and children at the undivided property, then she cannot force her brothers to let her husband's relatives live on the undivided property.


timesb (none)     11 March 2013

Thank you very much for the detailed answers Adv. Naik and Adv. Chari.  

So Adv Naik, does that mean the spouse and children need no consent of the other 2 beneficiaries to live in the house? It might not necessarily be easy living with others' souce and children!  

Also, I was under the impression that even though one or the other beneficiary actually lives in the house, everyone has equal access to all parts of the property, unless there is an ad hoc agreement between all the beneficiaries. 

Thanks 

TB


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