property - hindu succession
Querist :
Anonymous
(Querist) 08 December 2009
This query is : Resolved
My father, aged 76, expired in august this year in Delhi. He has left behind my mother, my elder brother and me. The house property they lived in delhi was in his name and he has not left any will.
Since FSI has increased, the plan is to give the house to a builder, who will reconstruct, with extra floors and give us some money by selling the extra floors. we plan to keep the ground and first floor.
As per succession law ( i believe), my mother and the two sons have to sign on the papers to the builder and should get equal share ideally.
My worry is since the property is inherited, after my mother, the ground floor - does it automatically pass on to me solely, or will my brother be entitled to an equal share in that also. This doubt is because i have read that only self acquired property can be willed. Since this ground floor will be inherited by my mother, it may not solely pass on to me, and my brother will have equal share in it.
Please let me know.
Alternatively, give me an idea to ensure an equal share of the property.
Adv Archana Deshmukh
(Expert) 08 December 2009
The whole property have 3 equal shares you, your mother and your brother. After your mother the property shall have 2 equal shares of you and your brother. How the property is to be divided, which floor should go to whose share, is your internal arrangement, there is no law as to that.
n.k.sarin
(Expert) 08 December 2009
property is self acquired or not it makes here no difference.your father died left behind your mother your elder brother and you.Because he has not left any will regarding his property whatsoever hence all the property whether movable or immovable will be equally distributed among you,your brother and your mother and after your mother your brother be entitled to an equal share in your mother's share.I think you all must make a settlement deed to avoid future dispute.
Raj Kumar Makkad
(Expert) 08 December 2009
I agree with the opinion of Sarin Sir.
Querist :
Anonymous
(Querist) 09 December 2009
thank you all for your advice. just one supplementary - If i give the first floor to my brother, and ground floor to my mother - on condition that after her, i'll be the sole heir of her ground floor and my brother will have no claim? can , for eg, she will it to me? this is because my brother needs a property in delhi, and i dont stay in delhi so have no immediate need. but only as long as my interests are protected, that is, by ensuring that after my mother, her share comes to me thru a will or some other instrument...
is there any such way?
n.k.sarin
(Expert) 10 December 2009
yes you can do this by making a settlement deed or a deed of family settlement.
Querist :
Anonymous
(Querist) 11 December 2009
thank you sir...is it possible for me to know your contact and where you are based, in case i want any further (paid) service on this since you are now familiar with this?
my mail id is sandyvarm@yahoo.com
