Property division
Rama Seshu
(Querist) 08 March 2017
This query is : Resolved
We are a Hindu family of two brothers and two sisters from Andhra Pradesh
My father purchased a House property in 1970's with his self acquired wealth but registered the property in the name of mother and himself.
My father left a registered will written prior to mother's death stating clearly that in the event of my mother surviviving father , she would enjoy the possession of the property without right to sell. As per the will the property is to be divided between my brother and myself in equal share . My mother predeceased father in 2006 and my father passed away in 2009 .
The mutation of the property is complete following my father's death successfully in the name of my brother and Myself
Now experienced deed writers in our City are raising questions about share in the property to each of my sisters .
Following are the three possible options as per my limited understanding
Option 1 : Following my mother's death , the property would completely gets transferred to my father and my sisters are not entitled to any share .I read in these forums that Joint Tenancy / Tenancy in common and survivorship are not applicable to Hindu law
Option 2 : Based on Section 8 of Hindu succession of Act , the each of my sister would be entitled to 10% ( 1/5 th of 1/2 . Father and four children are entitled to share on intestate deaths)
Option 3: Each of my sisters would be entitled to a share of 12.5% ( 1/4 of 1/2)
We have no disputes and would like to register the property division the right way
Thanks
Kumar Doab
(Expert) 10 March 2017
It is believed that mother of your father predeceased him.
Confirm!
It is not clear what you have read in which forums.
Kumar Doab
(Expert) 10 March 2017
Obtain death certificate, legal heir certificate/affidavit (as applicable and acceptable at your location) of your Father and Mother.
Your mother’s share is to be equally divided between her: husband (your father), sons, and daughters.
The father’s share {add share from her wife (your mother’s) share} is to be divided between beneficiaries in the (valid) WILL. It is 50% for each beneficiary.
As you have posted that there is NO dispute amongst all of you.
Visit the O/o of the authority under whose jurisdiction the, property falls and obtain the requisite forms and procedure.
For Father’s share: Certified copy of the WILL, death certificate, legal heir certificate of father, NOC from sisters and ID proof and any other prescribed documents have to be submitted, to the authority.
If the WILL is valid and is not contested then probate may not be required.
For Mother’s share: death certificate, legal heir certificate of mother, and any other prescribed documents have to be submitted, to the authority.
Rama Seshu
(Querist) 12 March 2017
Thank you Kumar for your Reply.
My mother predeceased my father. I read Lawyers club India forums that Joint Tenancy / Tenancy in common and survivorship are not applicable to Hindu law. If Survivorship were to apply ,upon my mother's death , the Joint property would get transferred to my Father and upon this death , the Registered Will would become the basis for Property Division
