Father died without a will
2 years ago
I'm 38 year male. I have one elder brother and 2 married sisters and my mother. My father passed away on 19th march 2021.
My father gifted half of land to my brother on which he constructed house. But for the old house my father did not make any Will. He died without a will.
Now my mother wants to construct on double storey. But she fears my elder brother can interfere and claim things one it's constructed. She even thinking of selling, but now she can't sell as property is not her name.
The both has has common main gate.
Please guide how we can proceed with this property matter, as we do not have good terms with my brothers wife. And she is a cunning woman.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ab aap ke father dawara apni life time me aap ke bhai ko property gift kar di gai thi. Kya vah gift registered hai. Agar vah registered hai tab to aap ke bhai uske malik hai. Agar gift registered nhi hai tab aap uske dwara kabja ki gai property me bhi aap ka hissa hota hai. Isliye aap ka total property me share hota hai.
Please contact a advocate.
According to Hindu succession act,1956, all of you have right in his property as he died intestate. You all have equal share in that old house, irrespective of your father's gift to your brother. He can interfere with regard to the property and it is important to consult him before making any decision related to that property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Your elder brother has right in that property. Since your father died intestate, the property will be devolved as per the Hindu succession act in which all of you get equal share in his property. So your elder brother also has right in the property and has power to interfere in all those matters.
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A.Dear Sir,
If there is no document on the house constructed by your brother in his name then you can claim a share in that property and also a share in the property which is left out as per Section 8.
Section 8 of Hindu Succession Act:
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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Advocate Sinjari Bandyopadhyaya
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