Legal Question in Real Estate Law in India

Sir

If the Sale Deed is in the name of both your Father / Mother, then your Mother did had 1/2 Share in the Property, and after her death, his legal heirs i.e. yourself, your brother and your farther ( i presume there are no other heirs of your mother except this) will inherit this 1/2 Share of your mother in the property. So virtually yourself and your brother will have 1/6th Share in the property wheres your father will have 4/6 Share in the property.

I have presume here that your mother has not left here any will, otherwise, her 1/2 share will be succeeded as per the testament.

Now so far, so your father asking you all to vacate the house then legally he do not have that right to do so. Because here, legally, you all (yourself, your brother, and your father) hold the property as Tenants - in - Common. So each one of you have right to enjoy the property. If your father wants you to vacate, then he would be required to file a suit for partition of the property and get his 4/6 share declared and separated from common pool by mets and bounds and then he can bequeath, sell, gift, this 4/6 separate share to any one he likes, and you will be entitled to enjoy your respective 1/6 share in the property.

So simple answer to your question is, YES, you inherit the property of your mother, and that you have right in the property and that your father cannot ask you to vacate the house.

Let him file a suit, if he wants to so do You do not leave the possession.

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Regards

Vivek N Mapara

vnmlaws.com