Legal Question in Wills and Trusts in India

Property Division among legal heirs

My father in law died without leaving a will. He has left a house property. He had four sons and three daughters. One of the son is dead and he has left his widow and two sons. All the daughters and sons have agreed to share the property equally by selling it. But one son of the deceased legal heir is not willing to share the property equally with his uncles and aunts. His argument is that his father being the first son had contributed for the construction of the house and he and his people want a bigger share. Due to this heis not willing to sign any document for selling the property. All the surviving legal heirs are in the age group of 63 to 75 years. Due the adamant attitude of this member all are crest fallen on the fact that they will not see their legal dues materilasing in their life time. Is there a legal way out to come out of this stalemate?

Asked on 12/14/06, 11:20 am

2 Answers from Attorneys

Re: Property Division among legal heirs

Dear sir,

in the given circumstances it would be appropriate to file a case for letter of administration in respect of all the properties of deceased as provided under Indian Succession Act.Every legal heir has equal right and share in the property.The stand as taken by the son of deceased son's son is wrong.

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Answered on 12/14/06, 1:34 pm


Re: Property Division among legal heirs

The legal heirs of the deceased son have 1/7 share in the property. The widow and two sons of the deceased will get 1/3 share each out of the said 1/7 share, i.e. each will get 1/21 share in the property. If one of the legal heirs is not willing to sell the property, the other legal heirs may file a suit for partition or in the alternative sell 20/21 undivided share to a prospective purchaser or sell the entire property and deposit the value of 1/21 share in a Nationalised Bank in the name of the said legal heir and show it in the sale deed (litigation may arise in this case which may be fought successfully).


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Answered on 12/15/06, 12:17 am

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