Since your father died I restate you have one third share in property
file suit for partition for division of property by metes and bounds
don’t execute gift deed in favour of mother
No will - how to partition property
My father died intestate.. I am 32, married, female.. it’s my mother and younger sister now.. my father has built two houses one on top of another.. in one house, my sister and mother are living and the other is rented, they didn’t allow us to live there.. my mother is in favour of my sister only.. now she is asking me to sign and transfer the entire property in her(mother) name.. how should I handle this and what will be my share here.. and also they claimed my fathers PF amount, not even saying me how much is it(he worked 35 years).. do I claim share in PF too
Asked 3 months ago in Property Law
Religion: Hindu
15 Answers
1. What will be the implications, if I sign the property in my mother name? Wont I be able to request my right share after that? 2. How will the property be divided? Will each of us get a share? And after that, my mother can give her share to my sister? 3. Can I claim in the PF amount too? To be divided equally? 4. They are saying they want to sell the house, so want to transfer to my mother name.. how can I deal with this?
Asked 3 months ago
Once you execute gift deed mother would be absolute owner of property
you will have no share in property
mother can bequeath property to your sister
you can claim share in provident fund also
1. A Hindu male dying intestate (without executing a WILL), his self acquired property gets devolved equally to his mother (if alive), wife and children. In the instant case, your mother, you and your sister are each entitled to 1/3rd share in all his movable and immovable properties he has left behind.
2. Do not sign any document without showing it to a Lawyer, as it may work against your interests.
3. You will be entitled to 1/3rd undivided share, alongwith your mother and younger sister in the two storied building constructed by your deceased father.
4. You will be entitled to the proceeds in the Bank of your father's account, including FD and PF money.
5. If you sign the Release/Relinquishment Deed in favour of your mother and get it registered in the jurisdictional Sub Registrar's Office, then you can't get it back.
6. Your mother gets 1/3rd undivided share, you get 1/3rd undivided share and your younger sister gets 1/3rd undivided share.
7. Your mother can give her share to your younger sister during your mother's lifetime.
8. PF amount lying in the Bank can be claimed by you amounting to 1/3rd share.
9. Unless and until your individual 1/3rd share is not secured, do not transfer your share to your mother.
You have 1/3rd share in everything, left by your father.
Your mother can give her share to your sister.
File partition suit.
Dear Client,
Here is the possible response to your queries
Under the Hindu Succession Act, when a Hindu male dies intestate, then his property is divided equally among his Class I legal heirs which in your case are you, your mother and sister. You are, therefore, entitled to a one-third share in both the houses, regardless of whether your mother or sister are staying in one of them. In case you let go of the property to your mother, you will surrender your claim; therefore, it would not be easy raising your stake after some time. Technically, the law would have given her full ownership of the property.
The property would otherwise be divided equally among the three of you. After having received her one third, your mother is free to gift or transfer her share to your sister, but this does not affect your right to your one third.
Correspondingly, regarding your father's Provident Fund (PF), you are at par with a share in that amount as a Class I heir. If the PF has already been claimed by your mother and sister, you can demand to know the details of the amounts and take legal recourse to stake your claims if necessary.
If they are trying to sell their holdings and are asking you to transfer your share to your mother, you should not do that without ensuring first that you are adequately compensated for your share or otherwise protected. A consultation with a lawyer would make sure your interests were looked after in all eventualities of transfer or sale agreements.
Thank you.Hope this answers your query.
Your father is reported to have died intestate.
Thus his legal heirs are the successors in interest to succeed to his estates/assets both movable and immovable .
You are entitled to an equal share out of his properties (both movable and immovable) at par with other legal heirs.
You can demand a share out of his PF amount, if they refuse to give you may file a suit for partition seeking partition of immovable property equally and also a share out of his PF amount also
1. Do not ever sign any paper authorizing your mother to take your share in the property, you will never be able to get your rightful share from them after you have signed the papers relinquishing your rights in your father's properties.
2. You are entitled to an equal share in all the properties at par with other legal heirs of your father, you file a suit for partition after which the court will decide about how to divide the properties including the PF amount. your mother can do anything with her share in the property i.e., either retaining it or to transfer the same to anyone of her choice.
3. Yes, you can claim an equal share out of his PF settlement amount too.
4. They cannot sell the property by exuding you hence they are playing drama that they want to transfer the property to your mother's name, you don't agree to any idea that they may state now.
You have legal rights in the property for an equal share in the property hence better reject their request, let them approach court where you can challenge their claim and get your legitimate share allotted through court.
Dear Madam,
You have to file a suit for partition, claiming entire two houses. Thus after sometime you may get a declaration from the court.
- As per law, after demise of your father intestate , his property and funds would be devolved upon his all legal heirs equally i.e. each will have 1/3 share.
- Further , they cannot force you to transfer your respective share in the name of mother against your consent.
1. Once you will transfer your share in mothers name , then she will become the single owner of the property and she will have her right to transfer the same to anyone without taking your consent.
2. You have 1/3rd share in the property and fund left by your father
- Yes, your mother can transfer her share to your sister without taking your consent.
3. Yes
4. If they are ready to share the selling amount then you can give your consent , otherwise you can file a Partition suit before the Court for getting your share.
You didn't specify whether it is ancestral or self acquired by your late father. In PF, your father would have nominated your mother and she is entitled to the PF in that case. Is the house in your name and what is the necessity to transfer to your mother?
G.Rajaganapathy
Advocate,
High Court of Madras.
The property is self acquired by my father. So, if I file suit for division of property, how will this be divided, since it’s two houses which should be shared between me, my mother and sister?
Asked 3 months ago
You have one third share each in the 2 houses
if no division is possible court would direct sale of the 2 properties
1. On the intestate death of your father, all his movable and immovable properties gets devolved equally to his mother (if alive), his wife and children. In the instant case, assuming that your paternal grandmother had predeceased your deceased father, then all the movable and immovable properties of your father gets devolved equally to your mother, you and your sister in 1/3rd undivided share to each of you.
2. The two houses jointly owned by three of you. Each one of you is owner of undivided share in the joint share.
3. In case, one of the three of you would like to retain the property, such person should pay the agreed/market rate amount to the persons who would like to dispose of the property.
4. Before you file a suit for division of the property, send a legal notice to the others who are denying your rightful share in the property.
Your duty is to file a suit for partition.
It is duty of the court to divide the property into equal shares as per Hindu succession law.
If the court is satisfied about the relief sought it will pass a preliminary decree giving rights to you in the property.
After that in the final decree for division of property by metes and bounds and for separate possession, if the property is indivisible and there's no consensus or compromise arrived among the parties to suit then the court may pass an order for auction sale of property and disburse the sale proceeds to all the legal heirs accordingly.
Dear Client,
An individual’s exclusive property, like property owned by your father, cannot be partitioned during paternal lifetime without his permission. There is the Partition Act of 1893 that enables co-owners to look for a partition of the properties, and your mother and sister can take an action of partition after his death. Daughters have been given rights through 1956 Hindu Succession Act whereby they can claim their fathers’ self-acquired property after his death. Before proceeding, it is essential to consult a property law attorney to learn your legal status and develop any paperwork. As for the division of the two houses, try to come to friendly terms with the family and be prepared to institute partition suit in the right court of Civil Jurisdiction once the father of the family is deceased.
Hope you find this answer suitable for resolving you query.
- The partition will be decided on the direction of the Court. even after appointing a local commissioner for the same.