Death of co owner
Querist :
Anonymous
(Querist) 03 September 2022
This query is : Resolved
We reside in a bungalow built by our great grand father in 1935
This is owned by 3 sisters and one brother of my father and my father
But only we are staying here So we are residential owners
Property card have name of our father and other siblings
Our father passed away in 22 July
Can co owners push us into redevelopment
We don't want to do redevelopment
Advocate Bhartesh goyal
(Expert) 03 September 2022
Merely residing of your family in questioned bungalow does not give your family absolute ownership rights. Legally your father's all siblings have equal ownership rights over the bungalow.
Querist :
Anonymous
(Querist) 04 September 2022
Bhartesh Sir we perfectly agree that all have equal rights
But you and wealthy husbands of married woman don't have sentiment for house hence every room,house of father will be sold amongst brother and sisters
We will either give them money or do self development
Redevelopment cause loss of land ownership
Please guide the main point in main query if Redevelopment can be pushed?
How to decide amount to be given to each share holder
kavksatyanarayana
(Expert) 04 September 2022
Your father's 3 sisters, your father's brother, and your father have equal rights and for your father's share, your mother and your siblings have equal share along with you. Your father's 3 sisters and one brother are ready for redevelopment so discuss with them amicably and convince them not to redevelop your father's share. If it is not possible to leave some area without re-developing, you must agree with them, as more than 75% agreed to the redevelopment of the property.
Dr J C Vashista
(Expert) 05 September 2022
Very well analysed, opined and advised by senior experts, I fully agree and appreciate.
All children of your great grandfather shall have equal share in the property left behind by him despite gender, marital status, alive/non-alive or any other reason.
Subsequently share of your grandfather shall devolve equally amongst all sibling including your father and the share of your father shall be succeeded and available for redevelopment by all of you brothers and sisters equally.
You should prefer amicable discussions /settlement with all stakeholders.
P. Venu
(Expert) 09 September 2022
The property is jointly vested with all the legal heirs of your father and his siblings. Sentiments cannot be taken care by law; only amicable settlement can.
