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How will father's property be divided after father's death


02-Nov-2023 (In Family Law)
Sir, My father have a house with his own registry and doesn't written any will. And we are two children of him Me (boy) and my One Married sister at Varanasi with her own husband's house. My mother is alive living with me. after his (my father's) death who will be the owner of my fathers house ??? that's the question
Answers (5)

Answer #1
504 votes
Owner of the property will be your mother if its a registered property.
If your mother has no objection she can give property to whom she wants. Or she can divide it equally between her son and daughter.
Answer #2
603 votes
After your father's lifetime, his property will devolve upon in 3 equal proportions upon you, your mother and your sister and this is so when he still doesn't executes any will. In case he does executes any will, the property will go to that person.
Answer #3
795 votes
You did not write wether you are Hindu or Muslim .and also didn't mention wether this self earn or ancestral property ,any way in common all three of you is the owner of this property.eigther you divided the house in three at sell out the property and divide the money
Answer #4
676 votes
जैसा की आपने लिखा कि आप के पिता द्वारा मृत्यु पूर्व कोई वसीयत नहीं लिखी गई , और यदि आपकी माँ भी जीवित नहीं हैं तो ऐसी स्थिति में आप और आपकी बहन , दोनो ही उनकी सम्पत्ति में बराबर के हस्सेदार होगें....!
Answer #5
913 votes
As per section 8 of Hindu Succession Act 1956, yourself, your sister and your mother have equal share in the your father's property. However, if your sister submits an affidavit surrendering her right to property, then you and your mother shall succeed in equal share.

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