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After father's death without will are all children entitled to share


18-Apr-2023 (In Property Law)

My query is that, if father dies intestate. does his all children are eligible for a share in his ancestral property. We have 5 bros and 4 sisters. out of 5 bros, 2 has got their share registered when my father was alive.

Answers (3)

Answer #1
766 votes
What do you mean by "2 has got their share registered when my father was alive"? It could have been that your father had given them a part of his property through a gift deed. If so, it all depends upon the terms, if any, in the gift deed.

It is the settled position that all siblings have got a share, the extent of share depends on the personal law you are following.
Answer #2
615 votes
When a person died intestate with out creating a will then all legal heirs inherit the property by way of succession. If any property already transferred before the will not affected the share in the balance property.
Answer #3
635 votes
All the children are entitled to get the equal share if the father dies intestate. It is immaterial whether the property is already allotted to few of them. However on a cordial conversation the property can be shared among those who are not allotted any share earlier.

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