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Father is not alive can we claim share in father sibling's property


16-Feb-2023 (In Property Law)
my father elder brother died on dec-26th 2015, remained as bachelor he had a house nd fixed deposits in bank, he has 4 brothers and 2 sisters[he is the eldest of all siblings], my father passed away in year 2008 , my question is will we get the equal share with my father siblings, as next to my father elder brother is saying that we have no right to ask as my father died in 2008 itself, kindly advice me with section no if we are eligible to take equal share with othres
Answers (1)

Answer #1
981 votes
Hi
All of your father's elder brother (3 brothers, 2 sisters and children of deceased brother (which is you ) will be eligible for equal share of your father's elder brother. Nobody can stop you from claiming it. File a case in district court and obtain a succession certificate.. then all of you will get equal shares of your uncle's property in absence of any will or gift deed.

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