Brothers right on father's property
3 years ago
My 2 brothers are living separately from our parents for more than 12 years.My father had given them good amount for buying their houses which brothers bought in their names after leaving dad's house.My father has died recently and left self acquired property without will.I (handicap) and my mother were living with dad since they have left.Elder brother left after fight living in same city, another brother lives in another city due to job(now jobless) but visited only twice a year even when it was close.My Query is do both brother have legal right over father's self acquired property and mother & I are only owner or joint owners with other brothers.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
please provide more details on this issue to serve you. the facts are missing. but, since
there is no will, the legal heirs will have equal share.
we require more facts to help you in a better way. however, since your father left the property without the will, all three of you will have equal share in it.
If your father died without any Will then you can get equal share as per following provision of law.
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Section 8 of Hindu Succession Act:
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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;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
the brothers left also have share in fathers self acquired property which is there without 'WILL'.
Hope this helps,
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
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