Siblings frequently have property disputes. Regardless of the family’s financial situation, the property becomes a source of disagreement among family members. If there is a family property distribution, there is a desire to acquire the largest portion possible.
Apart from greed, a lack of understanding and clarity about property inheritance laws could be another source of property disputes.
In India, there is a longstanding tradition of retaining family property jointly. However, when the eldest member dies or there are disagreements in the joint family business, the issue of property allocation emerges.
The fundamental question is whether siblings are entitled to the property as the deceased’s lawful heirs or under the terms of his Will.
The main point of contention between siblings is the portion that each will receive, as well as the settlement of debts and responsibilities. In such cases, skilled legal guidance is always beneficial.
Intestate Succession
Intestate Succession occurs when a person dies without a Will and his property is distributed in accordance with inheritance laws. In India, property inheritance is governed by:
- Laws governing individuals
- Laws of custom
- Legislative statutes
- Personal and customary laws are fraught with ambiguity.
We have the Hindu Succession Act and the Indian Succession Act, but only for a subset of the population. Even under codified law, property distribution rules differ depending on whether the property is ancestral or self-acquired.
Under the Hindu Succession Act, a person/owner is free to deal with his self-acquired property. The ancestors’ property cannot be distributed at will. Coparceners (a small unit within a family) are born with it.
Under Hindu law, brothers and sisters are entitled to equal shares of their mother’s or father’s property. When it comes to inheritance, the term “son” and “daughter” in Hindu law include adopted sons and daughters but not stepchildren. As a result, stepbrother and sister siblings have no claim to the father’s property.
The Will and the Property Dispute
A will is a legal document in which the testator expresses his wishes for the distribution of his wealth following his death.
Even if there is a Will, property disputes among siblings can arise. The beneficiaries (siblings) are dissatisfied with the Will’s language. They believe that property distribution is unjust.
A will can be challenged on grounds such as improper execution, fraud, forgery, undue influence, and so on. The parties level accusations against one another in an attempt to prove that the Will is invalid.
Property division and dispute
In the case of joint family property, determining the share of each member is difficult. It is preferable to have a family settlement agreement (an agreement based on mutual understanding). It is preferable to have a written agreement rather than a verbal/oral agreement. Once the shares are determined, the property is divided and the siblings receive their respective shares.
Property disputes are common among siblings, but they can be avoided by seeking legal counsel as soon as possible.