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Procedure for Dividing Father's property among legal heirs
18-Dec-2023 (In Divorce Law)
Hi Sir, My father passed away 20yrs back, he had a home and a land only on his name. We are 2 brothers and 2 sisters. Both the sisters are married and well settled in USA. Me , my, my mother and elder brother, want to divide the property equally among 5 of us. One of my sister is not interested to come back to India, so she is ready to give up her share. The other sister doesn't talk with us anymore. Above all the property is still under my fathers name (he died 20yrs back). Kindly advice me how to proceed further and divide the property legally.
You, your brother and mother can apply partition of the property but you all should have legal heir certificate. If you have such then you can settle the property in your name on the respective shares.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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If one of your sis is not interested in the property you could ask her to relenquish her right by writting. For your another sis to whom you are not in taking terms you could send legal notice for partition. If she comes for amicable settlement you could execute partition deed and register it. If any of your siblings could not turnup you could get power and execute the partition deed. In case your sister is not willing you can very well file a partition suit in the court in whose jurisdiction the property is situated.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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