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My parents died intestate. Can i exclude my brothers in property share


07-Feb-2023 (In Civil Law)
Hi, my father and mother died but not will. I am a widow looked after my parents till the end of there life. My 2 brother have not taken care my parents now they asking for equal share for them. Please advise can I ask more shares because I look after my parents in there older age.
Answers (5)

Answer #1
859 votes
Sorry Madam, legally it cannot be done. All the legal heirs are equal share on their parents died intestate. But morally if your brothers are willing to give you more share then you may partition the property umfer the agreed terms.
Answer #2
932 votes
Have you got any. Signatur from your parents? If so it will be an easy one. If not surely you have to give the share to your brothers but you can ask extra share from your brothers since you had taken care of your parents.
Answer #3
997 votes
Dear Madam, As per Law all the children have equal share in the property. You cannot exclude your brothers from taking an equal share in the property. You and your 2 brothers have equal share in the property left behind by your parents. Thus each of you will get one third (1/3) share in the property. Legally you cannot claim extra share in the property on the ground that you took care of your parents till their death. Morally you explain to your brothers to give you something extra for taking care your parents during their last days. Try to bargain on this basis on moral grounds only.
Answer #4
913 votes
If there is no will the inheritance is decided by the law ,which differs from religion to religion , will be applicable. You did not mention your religion. In case of Hindu all the children, irrespective of their gender, have the equal share in the father's property.
Answer #5
850 votes
When property stands in the name of your parents and they died intestate means you need to give share to your brothers.but if you want to get more shares means you have Bills for hospital expenses and maintenance expenses did for your parents.get death certificate and legal heir certificates for your parents in your name and after that electricity service connection and Property tax receipts and all other revenue records in your name by self proclaiming yourself as the manager of property in addition to co-pardner.by doing all these things there is a probability to get higher share than your brothers. Further funeral ground of your parents is situated in your residential premises it makes way to get higher value of shares

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