Regarding claiming of share
malashree
(Querist) 20 November 2009
This query is : Resolved
My father died during Dec.,1990 leaving behind a house consisting of three floors in Delhi. My mother getting family pension as well as her own pension as they were in govt. job. Since the death of my father my mother is collecting rental income of ground floor. There are three legal share holders of the above property. Besides myself, one unmarried sister and widow mother are the three legal heirs of the property. I have two minor children and my husband took VRS and doing her own business. My mother has been always assuring me that my rental share would be given to me. Recently I came to know that my mother alongwith her aged unmarried daughter has secretly bought a society flat jointly and my mother relinquished her share to my younger sister. Now they clearly told me that they would not give me anything. My sister is unemployed and the main source of income by which they have bought the flat was from the rental income of my father's property. Please advise me the ground/points on which I can file the claim of share from the appropriate court of law.
Adv Archana Deshmukh
(Expert) 20 November 2009
You can claim your 1/3 share from the house property left by your father by filing a partition suit.
Devajyoti Barman
(Expert) 20 November 2009
As per the prevailing provisions of Hindu Succession Act if your father has not left a Will regarding the said house then you are entitled to one third undivided equal share in the said house and to get your share, if the other co-sharers are reluctant,you have to file a suit for Partition and Injunction in the Court within whose territorial jurisdiction the suit property situtes to claim your share in the property.
In the said suit itself you can also claim your share in the rental income from the time of death of your father and hence during the pendency of the suit it would be advisable to file an application for appointment of Receiver to collect the rent and to keep a regular account of the same for filing it in the Court which would stop squandering of money and for proper division of its share at the time of final adjudication.
Shivasurya
(Expert) 20 November 2009
I agree with the learned axperts. While filing partition suit include the recently purchased flat in the plaint by narrating the said flat was purchased from the rental income collected from the property of your demised father. you can definetly succeed in the suit and get 1/3rd share in both the properties
Raj Kumar Makkad
(Expert) 20 November 2009
Devajyoti has rightly replied the quarry
