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  • Category: Indian Law

    Property Distribution between Children if no Will is made


    Facing issue with property distribution rules in case there is no will? Searching for legal advice regarding what to do, compensation to be paid, registration process, documentation requirements and process etc. ? No worries, our legal experts from the ISC team shall guide you with advice to proceed ahead.

    We are 7 in family( Mother, 5 Sisters & 1 Brother). Father died 25 years back & as of knowledge, he had not made any will of the property. The said property(40 Cent) is from our grandparents. My Sisters at present has no problem with the property but many people ask me to make registration of the property in your name. I have many doubts:
    1. As per my understanding, We all have equal rights on the property. So how to proceed, as the property is not changed to my mothers name after father's demise.
    2. Do I need to change it on my mothers name before doing registration to my name, if applicable.
    3. Our house is on the same property & all have contributed equally for the house, so how to divide the property.
    4. My sisters are married & settled. They are not going to settle in native, hence not keen on the property, at present.
    5. My mother say, She is ready to give the property in my name but I need to give some compensation to my sisters & even some of my sisters have said the same thing. So how much should be the compensation if say 1 Cent is 1 Lakh Rupees.
    6. Do everyone need to be present to proceed with the registration.
    7. Is it better to do the registration as my mother is in good health or after her death.
    8. What all paper works need to be completed, in-order to proceed with the registration.
    9. Any other points that need to be kept in mind so that no dispute between us (siblings) take place later.

    Do provide light on the issue.
  • Answers

    5 Answers found.
  • Updated:
    You haven't mentioned if the property is registered in your father's name. You mentioned that the property is from your grandparents. In case, the property wasn't transferred in your father's name, then any other child of your grandparents will also be a legal heir. And if they aren't living, then their children and spouse will have equal rights over the property of their grandparents.


    In the absence of a will, each of the seven members is a legal heir and has equal rights over the property. Your sisters may not have a problem, which is fine, but this is a legal matter and everything must be done under the law. Verbal commitments have no meaning, every agreement must be in writing and registered, as per the law.

    Your sisters may not want a share, but their spouses might pressurise them to demand their share.

    1. After your father's death, your mother cannot be the sole owner of his property. You and your siblings along with your mother are the legal heirs. The property could have been transferred to your mother's name only if each of you had legally willed her your share. So, it doesn't really matter whether or not the property is in your mother's name
    2. Property can be registered on your mother's name provided consent is received from all the children that they are forfeiting their share. You cannot have the property transferred to your name without the consent of the other parties
    3. If all have contributed towards the house, then all have a right over it. If all seven parties insist that the property is divided then, it will have to be done in equal shares. Compensation will also have to be paid to each member for the house since they contributed to its construction, especially if you and your children will enjoy its rights
    4. Even if your sisters are not going to settle in the native place the value of the property must be considered, and they deserve an equal share
    5. Your mother cannot give you something that isn't hers. The property belonging to your deceased father has seven legal heirs. Your mother is just one of those heirs. All she can do is willingly give her share of the property to you
    6. The compensation can be decided mutually or you might want to engage a lawyer to mediate. The compensation will be decided based on the official rate of the property. The property is worth 40 lakhs, do the math
    7. Yes, all parties consent will be required before you can proceed with its registration
    8. Mother's role in the dispute has already been explained
    9. If you wait until your mother dies, the property will then be divided into six parts. You will get a slightly bigger share, but so will your sisters. If you go ahead with the proceedings now, you will benefit by getting your mother's share, if she wishes to transfer it to your name
    10. A lawyer will be the best to get the paperwork together because there will be a lot of it. To begin with, you will have to submit your father's death certificate and proof of your relationship with him to prove that all of you are the legal heirs. Once the courts declare you as the heirs you can go about dividing the property the way you deem best
    11. Get everyone's consent because if you carry out the registration behind their backs through fraudulent ways you will be in trouble with the law

    'A love affair with knowledge will never end in heartbreak' - Micheal Garrett Marino

  • From the view point of legal processing the records plays the major role above anything and therefore if the proper documentation hasn't been done earlier in context to the registration of the properties than in that scenario the agreement of all the members would be required in order to settle with the issues. Pl. note that during this time when not confirmed of any will, any of the members would have equal share in the property. It seems a good gesture on behalf of your sisters for being the case that they seem not interested at present but and in case their stands may get changed in the future than what?

    It would be a good step on your end to initiate for the registration of the property in your name but it's clear from the details that whether this has been shared with the other family members as well and in case it's not than this is going to create unnecessary troubles in the relationships.

    Let's have your other concerns in the below points,

    1. After the death of her husband and in the case that there is no will executed, his wife and children would be the legal heirs & therefore as per the existing scenario your mother wouldn't be entitled to execute any will in respect of her husband's properties.
    2. This is only permissible when each of the living members show their agreement onto this and on record with the court / law.
    3. This can only be settled when each of the members are sitting across to each other with creating a common understanding onto this.
    4. "hence not keen on the property, at present.", creates enough probabilities that may take place in the future and therefore be more cautioned of this.
    5. This is quite contradictory when compared with your fourth point, "hence not keen on the property, at present". This can't be the individual decisions and therefore set an informal meeting with the family members & than decide because different members would have different influences.
    6. This should be the case only.
    7. If everything is already decided with your mother already aware of this progress than go ahead with the decision of registration process. Waiting for what?
    8. Procedure and documents required:- The property documents to be registered needs be submitted to the office of the Sub-Registrar of Assurances within whose jurisdiction the property, which is the subject matter of transfer, is based at. The documents may consist of the certificate of the death of your father including Aadhaar Card, PAN Card, or any other proof of identity issued by a government authority of the family members so as to decide on the relationships. The authorized signatories have to be present along with two witnesses for registration of the documents.
    9. If everything goes on record with the jurisdiction / court / law than at least legally you wouldn't have any complaints.

  • The property is from the time of the grandparents. So it is neither earned by your late father nor mother. In such cases all the stakeholders are equally eligible for the property and to that extent it has to be divided in seven equal parts. You say that your sisters are not interested in the property. What that does mean? Can they give it in writing that they want to give their share to you under a legal deed or they will ask some compensation in lieu of their share of the property. This has to be work out before hand to avoid any litigation or such problem in the case later.

    Your mother has only the role in the property to the extent of her share and that she can keep with her or give to you depending upon the understanding between you two. She can not make it conditional as it is not her earned property. She is getting it as all the other contenders are getting. It is an ancestral property.

    Please note that these are legal matters and whatever the family members are going to decide should be well documented. Only after that you can register the property in your name. Take the help of a qualified lawyer and meanwhile talk and resolve for the amount of compensation required by your sisters. If some of the sisters do not want the compensation then also it is to be documented in legal ways to avoid any confusion or litigation in future. Ancestral property is a root cause of many fights and legal cases so that is to be avoided by reaching a consensus decision between the stakeholders.

    Knowledge is power.

  • 1. No will is written. The property is acquired by your father from his forefathers. So yourself, your sisters and your mother will have equal rights on the property.
    2. You can't change the property on your mother's name as she is not the sole heir of the property. For this, all your sisters and yourselves have to give no objection certificate and they all should come and sign on the registration documents. If any of your sisters have children of above 18 age, they should also sign on the documents. Presently there may not be any problem as your sisters have no problem. But there may be a problem in future. So their signatures are very important
    3. The property is to be distributed equally among all the legal heirs.
    4. Even though your sisters are not having interest now, in future there may be a problem. So anything oral is not valid and it should be written properly and all should sign and registered
    5. The property is to be distributed among the seven equally. The market rate is to be taken into consideration and you have to convince your sisters for an amount and get their signatures on the registered documents. The amount can be finalised by discussing with them. All depends on them.
    6. Yes. For registration, everyone should be present and all should sign.
    7. If the registration is done now or afterwards it makes no difference. But the value may increase as time passes. If you are doing the registration now and your mother is not asking for any share you have to give 1/7th of the value to all your sisters and if it is after her demise you have to give 1/6th of the value to each of your sisters. If your mother insists for equal amounts to all even now also you may have to give 1/6th of the value to each of your sisters.
    8. All paper works and link documents are very essential for registration and to avoid any further complications in future.
    9. You can take the help of a good document writer or a lawyer in preparing the documents and for getting the registration done.

    drrao
    always confident

  • 1. First ensure that property tax is paid and update on the property. Take the copies of those receipts or whatever is the any basic property record in the village office. Pay uptodate taxes and arrears if any. Confirm from village office the last sale/transfer deed by which property mutation(Transferring into the present owner's name) was made. If the property is in your father's name then not much problems ahead.
    2. Also ensure uptodate tax payment on building (if any applicable) in the panchayat or municipal office. Ensure that the house/building in your father's name.

    3. If the original deed (documents) of the property , as shown in the property tax receipt or as sonfirmed by you in village office is available then well and good. Apply for NIL encumbrance certificate on that property quoting that original deed number and property for a period of last 30 years from now.

    4.If there is no original deed available, then you have to apply for a certified copy from the Sb registrar office concerned.

    5. By points upto 4 above all necessary pre matters are over.That is you have ensured the property is in your father's name. All taxes are paid uptodate and there is no other encumbrance on the property.

    6. Now you have to have a discussion among all 7 legal heirs of your father. Come to a mutual agreement. If needed you can have a written and stamped agreement narrating the mutual agreement terms.

    7. If any or more of the seven do not want any share of the property and want to give it to you, then they can have a 'renunciation' deed foregoing and renouncing their right on the property and transferring the same to you.

    8. After this you can make a 'partition deed' distributing the property in whatever way you had agreed to.

    9. If any of the legal heirs take the compensation, then that has to be cited in the deed/(s).

    10. The deeds have to be registered and stamped as per the tariffs and rules in the state concerned. Generally partition deed among relatives is relatively less charged.

    11. After all these the property has to be transferred to the person/persons in the basic tax record in village office within the allowed period, by submitting the copy of the registered deed(s).
    12. In case any amount is paid to any of the legal heirs, the same has to be narrated in the deed and the mode, date ,acknowledgement and receipt of the amount be recorded there.

    13. If all of the other six are going to give the property to you, then there can be a common renunciation deed/partition deed in your favour by them. All the signatories have to come and sign the documents.

    14. It is better to take the help of an experienced document writer/ trusted lawyer to make things smooth and easy. They may take their service charges.


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