A.
Dear Client,
Your query lacks information and transparency to address it properly. Your query does not indicate whether the property of your father is ancestral or self-acquired. In case of ancestral property, an individual gets the right to the said property by birth, and in case of self-acquired property, if left intestate, i.e, without any WILL, all the surviving legal heirs are entitled to an equal share in the said property. However, regardless of nature or class of property, until and unless an undivided ancestral property or self-acquired property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. However, once an undivided (both ancestral and self-acquired) property is partitioned through a decree of partition, it becomes 'self-acquired property' in the hands of the family members/legal heirs of the deceased owner who have received it which gives such family members an unfettered right to deal with and/or dispose of their shares in the property and nobody can claim a share in the said property as a matter of right. It is recommended to consult with an experienced property Lawyer to understand your rights and remedies to navigate the issue legally and correctly.
Posted On 08-Sep-2025
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