Ancestral Property - Brother died without a will
10 months ago
Brother died without a will. he was the sole owner of the ancestral property that was given to him after his fathers death. now can his sisters claim his property?
A.Dear client,
An ancestral or intestate property is divided equally among all surviving legal heirs, and it cannot be transferred to anybody without a property division and the approval of all coparceners or co-heirs. Therefore, in accordance with inheritance law, you are prohibited from claiming your deceased brother's portion of the family's property without the approval of other lawful heirs/coparceners. Hence, the sister need to get the approval of all the coparcenars for their share
An ancestral or intestate property is divided equally among all surviving legal heirs, and it cannot be transferred to anybody without a property division and the approval of all coparceners or co-heirs. Therefore, in accordance with inheritance law, you are prohibited from claiming your deceased brother's portion of the family's property without the approval of other lawful heirs/coparceners. Hence, the sister need to get the approval of all the coparcenars for their share
Helpful
Helpful
Share
A.Dear Client,
An ancestral and intestate property is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. Therefore as per law of inheritance, you cannot claim the share of your deceased brother in the ancestral property without the consent of other legal heirs/coparceners. So, a suit for partition of the property if filed by surviving legal heirs before a Civil Court having jurisdiction over the property may resolve the matter. Reach out to an Advocate for guidance and steps. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
An ancestral and intestate property is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. Therefore as per law of inheritance, you cannot claim the share of your deceased brother in the ancestral property without the consent of other legal heirs/coparceners. So, a suit for partition of the property if filed by surviving legal heirs before a Civil Court having jurisdiction over the property may resolve the matter. Reach out to an Advocate for guidance and steps. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
Helpful
Helpful
Share
Read Related Answers
Land purchase from Scheduled caste belonging person
Dear Sir,
Please take opinion from local senior civil Advocate and see that whether there was any clog period within which such land was not supposed to sell.
Land purchase from Scheduled caste belonging person
Dear Client
Here are your answers.
1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal not...
RTI
Dear Client,
In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
capital gain and property valuation
Dear Client,
In your situation, determining the valuation of the property for sale can be complex due to various factors, such as the historical construction of the property, its transformation into...
Regularization
Dear sir,
You may contact local advocate who is well known with local laws especially the building laws of your area to solve your problem.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
