Legal Question in Real Estate Law in India

Property division in a family as per hindu succession act

We are three children, two daughters and one son.All of us are married. My

father expired in Dec 2005, leaving behind his estate which consists of a huge house. My mother expired in 2003.We

are not sure if has left a will. We have searched everywhere but could not trace the will. My brother claims the following:

1. As per the Hindu Succession Act, he has the sole ownership and right over the house as he has been dwelling and residing in the house with my father. And that as per this act, he can transfer the property to hisname, without the consent of the sisters.

Aslo as per the law as per our undetstandin if the parents death had crossed 15 years and till date the property is by parents name only then after 15 years it will automatically get transfer to the son. Please could you advice if this is the rule


Asked on 1/03/16, 7:30 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Miss

Property of Hindu Male, dying intestate, devolves upon all is legal heirs falling under Class I of the Hindu Succession Act, which includes Wife, daughter, Son.

As you mentioned both your mother and father are expired, leaving behind his estate, legally, all the three children are entitled to equal share i.e. 1/3, (son), 1/3 & 1/3 (daughters).

There is no law that after the death has crosses 15 years, property get automatically transferred to son. Succession to the estate of the deceased is only by way of Will or provisions of Hindu Succession Act and not otherwise.

The fact that your brother was residing with your father do not entitle him or confer his sole ownership of the state of your father.

Feel free to contact me should you have any questions.

Best Regards

Vivek N Mapara

vnmlaws.com

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Answered on 1/04/16, 7:01 am


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