Married deceased daughter's share in intestate father's dwelling house.
Anguluri Annappa
(Querist) 09 August 2013
This query is : Resolved
Sir,
We are Hindus from Andhra Pradesh.
My grand father purchased a tiled house in 1958. Mt father and his two brothers partitioned in 1980. My father purchased the two shares of his brothers. So finally, the entire house became his property.
At the time of my father's death in 2001, we are three brothers and one married sister apart from my mother. When my father was alive, he offered backyard site in house for my sister. But they refused to take the site and requested for financial support to construct a house at their place, so he complied with their request and supported them by taking a loan from bank by mortgaging that house and later on the loan was closed.
My sister expired in Nov 2005 and she got two daughters, and my brother-in-law got married within three months my sister's death, and his daughters are living with him and not married yet.
Now we want to demolish that old tailed house and construct a new house on that site. On knowing this my brother-in-law is demanding the share in the dwelling hose a share for his daughters. The entire site of the house is 300 sq. yards. We are not at all willing to sell away that house. What is the legal solution to this problem. Please advice.
Thanking you.
p.s. Without going for any partition, myself and my mother are willing to give relinquishment of our right in favour of younger brothers so that they could get legal clearance to construct a new house in that site. What are the legal hurdles in this case?
Whether mutation can be done in my brothers favour? Please clarify Sir.
Dr. Jyothi Vishwanath
(Expert) 10 August 2013
Since your father has given loan to the sister in lieu of her share, you can tell brother-in-law that no share can be given to them.
Anirudh
(Expert) 10 August 2013
the financial help that your father did to your deceased sister is of no consequence.
Upon the death of your father (intestate), the property left behind by him will go equally by way of inheritance amongst all the legal heirs of your father. Accordingly, your sister (who deceased subsequently in the year 2005) was also entitled to her share. Since she has already died, her share will go by way of inheritance amongst her legal heirs viz., her husband and her children.
THIS YOU WILL NOT BE ABLE TO DENY. If they are agreeable, you can give monetary consideration of the share of your deceased sister and obtain necessary document duly registered in this regard.
WITHOUT THIS, YOUR TROUBLES WILL NOT BE OVER.
Rajendra K Goyal
(Expert) 10 August 2013
Agree with expert Anirudh ji. Nothing more to add.
