Property division - My aged father died with out any will Property division - My aged father died with out any will

1 year ago

1. My aged father died with out any will. For time being, mutation of my father's self acquired property was done on my mother's name alone. Now, we (my mother, my brother and I) would like to divide the property amongst us. What is the process?

2. Also, What is the process for the propty acquired by my father by inheritance - rest of the case is same as above

Anik

Responded 1 year ago

View All Answers
A.Hello,
Self-Acquired property cannot be partitioned during the lifetime of the person who has acquired it. The person who has acquired the property can make a Will during his lifetime as to whom he wants to give his property to. If the owner of the property dies without leaving a will, the property is passed onto his Class 1 heirs.
Partition of the ancestral property by mutual agreement can be done by Partition Deed or Family settlement.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconHeavy Deposit Money Not Returning
Dear Client, Your query requires more details to address it suitably. You expressed your concern but not a cause of action behind that concern that attracts a legal remedy. It is a virtual platform w...
question iconSon harnessing mom for her property
Dear Client, If the property left by your deceased father intestate, i.e, that is without any will and it is his self-acquired property, all the surviving legal heirs of his family including your moth...
question iconTransfer of Membership in the records of RWA
Dear Client, In the given situation, please keep the track of encashment status of all PDCs issued to the Association for all purposes, and once all PDCs are encashed as per the Bank Statement, contac...
question iconRemove wifes name from share certificate & sale deed of property due to dispute
Dear Client, Your wife need to execute a relinquishment deed or gift deed in your favor to remove her name from the sale deed. If she denies it, you can file a suit for declaration before the civil co...
question iconForcefully shifting PG
Dear Client, A dispute between a tenant/PG and landlord/Building owner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal...