Deceased Property | Property Law | Vkeel - Free Legal Advice

BB MALLICK

Kolkata

#Situation: 1. As per Document two Brothers own a residential multi-story building 2. Property divided vertically for a residence between brothers 3. One Owner Brother Deceased suddenly without Will, Spouse surviving, No children 4. Other Surviving Brother has Two children a Boy & a Girl, Both children married, Boy has a Minor Son too, Girl has no child #Demands: 1. Widow wants to sell off half the house vertically to the third party or transfer to her nephew 2. Widow wants to earn rental from her part of the house but Surviving Owner does not want Outside Lessie 3. Widow wants half infrastructures of House to Remodel for renting #Query: 1. Who are Property Owners now after the death of One Brother: 2. Who will be property owner after the death of Surviving Brother: 3. Surviving Brother wants to get full property: How. 4. Stop Widow from Selling Off House: How. 5. Stop Widow from renting out part of House to outsiders: How. 6. Stop widow from House remodel : How.

Expert's Answers(8)

Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

as mentioned in question your father and his brother equal share in property and after the death now the share will be automatically of the widow if the property/house was already divided in documents then she can sale out, give on rent or modify as per her wish what if the property was not divided then you can stop her by filing a suit till partition

May 21, 2020
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

I agree with the opinion of Expert Mr. Advocate H K Chaturvedi

May 18, 2020
Advocate Prateek Aggarwal
Gurgaon, Haryana

YES, widow is absolute owner of the 50% property vertically. Try to buy that portion of the house if you have funds and wants amicable solution, otherwise you have to file for injuction suit against the widow for stopping her.

May 18, 2020
Advocate Ragini Anand Jain
New Delhi, Delhi

3 Client Ratings

i can help you but need more clarity on the situation as per the information provided by you the widow is 50% property owner , after the death of the surving brother the children and wife will be equal owners of the other 50%

May 18, 2020
Advocate Gayatri Pinkyar
Navi Mumbai, Maharashtra

Dear BB Mallick, Hope you and your family is safe. We do deal with Property matters and Property Registeration. You can connect and contact with me as I have dealt with the matter as of your with my other client. So hence I am in better position to help you out. Do connect with me for further steps to be taken.

May 18, 2020
Advocate Anil Kumar Rungta
New Delhi, Delhi

1 Client Ratings

Mr.Mallick, replying to so many queries is difficult and some more information & perusal of docs.required to be done before tendering any advice. You can talk to me over telephone after mailing certain documents, required for proper advice.

May 17, 2020
H K Chaturvedi, Advocate Supreme Court. 9811035762
Gautam Buddha Nagar, Uttar Pradesh

12 Client Ratings

It's a property issue which will be ultimately has to be settled being family matter. But to stop widow from doing as you mentioned above is not permitted under the law despite the fact that you are owner of 50% share. you may go for litigation only for some limited legal issues to the Hon'ble Court by filing a lawsuit. My office can also file a lawsuit for you. You may also review my profile.

May 17, 2020
Advocate Suhail Khanna
Delhi, Delhi

Book a consultation if you want to get an indepth answer to your query as there are still various missed out points and in property matters it is important to get every detail of the matter.

May 17, 2020