Succession
ashish
(Querist) 04 September 2011
This query is : Resolved
I had a person approached me for advice of legal proceeding on succession. Here is the situation.
He belongs to a family of 4 ( a mother, an elder sister, and an elder brother). Father passed away couple of years before without any will. Both the brothers and sister are married now. Father left a plot registered in his name, mother lives in a house that is registered under her name and there is shop that the development authority has put on dispute.
Now he is asking how to resolve this matter so that legal heir everybody gets the share or according to what mother decides so that this things gets resolved and everybody lives in peace.
Please help if there is an expert. The situation is from Lucknow, UP (incase Lucknow has special laws)
prabhakar singh
(Expert) 04 September 2011
Father left a plot registered in his name,??
The share of all 4(widow,2sons 1 daughter)would be 1/4 as per Hindu succession Act.
other lives in a house that is registered under her name ?????????
It is her exclusive property during her life with full ownership rights.
and there is shop that the development authority has put on dispute. ???????
But you have not stated in whose name it is?Any way if it was in fathers name then same 1/4 of each,if on name of widow mother then her exclusive,id in joint name then equal among them in whose name it is.
the rest is the matter of agreement between parties accordingly action can be legally advised.
Hence first arive at a conclusive negotiation among 4 then adk us how to do!!!!!
ashish
(Querist) 04 September 2011
You were correct in all the assumptions:
One house is has been alotted to father. One to mother. There is also a plot whose lease deed is there in name of father. Shop is on father's name.
Since the property is all of different value, pls suggest the way that the property can be distributed equally. Need to know the full process as I would imagine the property would have be fair valued to the current market price.
Otherwise, is there any other way so that it can be distributed?
Adding more complexity, after mother, things need to be disbursed among three. She is quite old and the three children would be more than happy to have her stay with them rather than managing the property in old age.
Raj Kumar Makkad
(Expert) 04 September 2011
If you all have good understanding then enquire the market value of the property and then arrange it in 3 shares as per value and mutually arrange which property should be retained by whom and how some compensation may be given to others if it is of some more value.
After doing all this, you may draft a family settlement and can get it registered with the office of registrar wherein signature of ll of you 4 are required in the presence of witnesses. It is better to engage a local lawyer so that he may help you.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
Check the law relating to intestacy of a male according to the Personal Law of your client.
