• Joint ownership of property

Hello - My father and brother have bought a piece of land together as joint owners. My father invested 50 lakhs and brother 20 lakhs. My father refuses to make a will. Will I be able to claim a share in that property after my father is no more? If yes, how much? Thanks in advance.
Asked 3 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

On father demise your mother , you and your siblings would inherit father share in land 

 

your share would depend whether you have any siblings or not 

Ajay Sethi
Advocate, Mumbai
97590 Answers
7898 Consultations

You would be one of legal heirs of deceased father 

Ajay Sethi
Advocate, Mumbai
97590 Answers
7898 Consultations

- If that property in joint names , then your father will have equal right in the property , fund having no value if there is not clause for the same in the title papers. 

- Hence, after the death of your father , his 50 % share in the property would be devolved upon all legal heirs equally.

- His share can be claimed by his wife and children equally. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Any property purchased through contribution of more than one family members becomes joint family property in which  all legal heirs will have equal share. You are entitled to get equal share with other legal heirs after father. The exact percentage of your share depends on number of legal heirs i.e. if there are 4 legal heirs each will get ¼ share.Even a married is entitled to equal share. 

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

If you want to take your share you have to file a suit for partition  and separate possession of property in district Court. Issue lawyer’s notice  to all legal heirs seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share.

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

-   If your father does not make WILL then he will leave 50% share to be divided. 

 

-   Out of that 50%, all legal heirs will get equal share. 

Your mother in Law, you and brother have equal share. 

Ankur Goel
Advocate, Bangalore
454 Answers

1. On the intestate ( without executing a WILL ) death of your father, his share in the joint property held with your brother, gets devolved equally to your father's mother ( if alive ), and his wife and children, including you.

2.  In the instant case assuming that your paternal grandmother is not alive, your father's share in the joint property devolves equally to your mother, you and your brother in the share of 1/3rd each. Your marital status does not alter your right over the property.

 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Yes you have a share in that property. The father's share would be equally divided amongst you and your brother.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes you are entitled to an equal share along with your brother.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Your father owns more than 3/4th of this house, rest is owner by your brother.

 

In case your father dies intestate, i.e.,  without executing his will, you will get half of his share in his property. This is so if there are only two legal heirs left behind your father, i.e., you and your brother. 

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Dear Ma'am, 

1. you are entitled to an equal share of the property. this will be out of the share that your father possesses. 

2. If your father dies without making a will, then his share in the property will be divided between your mother, brother, and you equally. 

3. in case a dispute arises you can file a partition suit, seeking along with it an order of injunctions to avoid encumbrances. 

Thank You

  • For further assistance, you can book a consultation with me. 
  •  

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

This property belongs to your father and your brother.

You have no rights or interest in the property in any manner.

Hence you cannot ask or compel your father to write a Will in your favor allocating a share in the property.

If your father is dying intestate, i.e., without making any Will or disposing the property during his lifetime then as one of his legal heirs you would be entitled to  legitimate share in his share of property and not before that. 

 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

Even if you are a Hindu by birth, the law clearly states that you cannot have any rights in your father's properties during his lifetime and you cannot force him to allot any share to you by a Will if he is not willing to do so.

 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

Dear Madam,

You are entitled for 50% share out of Rs.50,000/- invested by your father as per following provision of law.

==========================================

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Class I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son; 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son]

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

1. If your father passes away without making a will then on his demise his share in the land will devolve through intestate succession on his Class 1 heirs (widow and children) equally.

2. You will be able to claim your share by filing a suit for partition in the civil court.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer