Property Share

Question

► We have a house in Chennai which is in the name of my mother and 2 younger brothers. Now, my mother is no more but my father is alive. I am the elder daughter. My mother used to always say that I will get her share after her demise but it is nowhere documented. My question is whether I would be eligible for her share and what needs to be done in that case. Can this be solved If we get a legal heir certificate ?? Also if the legal heir certificate includes my father’s name, myself and 2 brothers name, how will my mother’s share in the property be distributed??? Will my mother’s share be divided between four of us ?? What process needs to be done so that the house property is equally shared between we 3 children.

Answer 1

As per law, after demise of mother, her share would devolve among her class-1 legal heirs i.e. her children including you and your father. All legal heirs should apply for succession certificate by filing petition in court, thereafter, get property mutated and then only property can be partitioned. If property could not be partitioned then such property should be sold and sale consideration be divided equally among class-1 legal heirs.

Answer 2

Dear Mam, as per your query,

A Legal Heir Certificate from the revenue authority or Taluk office will only establish who the heirs are. It does not itself divide or transfer property. Since your mother’s share legally goes to all 4 heirs (including father), the only way to ensure that only the 3 children share equally is that Your father must execute a Release/Settlement Deed in favour of all 3 children.

All heirs i.e. (father + 2 brothers + you) can mutually execute a Registered Partition Deed giving 1/3 share to each child.

For further clarification and details, feel free to contact our OLQ Team for a detailed discussion.

Property Share

2 Answers