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House Property Partition
3 years ago
A house property having 2000 sq.fts is in the name of my mother who expired before 3 years. Legal heirs are my self and my brother. My brother also expired before 1 year. I have no children but my brother wife has 2 boys. Now my brother wife want to have whole property and she says no property to you because I have no children. What my question is can I sell half part of the house to any body or transfer to my wife at free of cost without partition and without my brother's wife consent because she does not agree for partition.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.get the property partitioned, give her a proposal to buy your share of property, failing which you may sell the same
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Manoj Kumar Welegal services
Responded 3 years ago
A.Undivided Share in the property can validly be transferred and transferee acquires right of share or interest of the transferor. Sale Deed by co-owner can’t be declared void for want of partition.
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A.Dear Sir,
No law says since because you have no children you are not entitled to share. You can sell your share if purchase is ready or gift away to your wife. See the following section.
Please give me Rank 5 if you feel my answer helped you.
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Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
No law says since because you have no children you are not entitled to share. You can sell your share if purchase is ready or gift away to your wife. See the following section.
Please give me Rank 5 if you feel my answer helped you.
========================================================
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
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