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Father's property seperation - what is the Share for a daughter


27-Sep-2023 (In Property Law)

I am daughter of my father. My father has 3 sons(1 not alive) and 2 daughters. My father owned a house and he is not alive and no will for that house. My younger brother is living in that home. Now he wants that home in his name. The property worth is about 3-4 Lakhs. I want to know, what is my share as a daughter in the property.

Answers (3)

Answer #1
703 votes
If your deceased brother was married and has his family left behind and also if your mother is alive, then you are entitled to 1/6th share in the intestate property left behind by your father.
You can file a partition suit if there is no amicable or peaceful settlement is in sight.
Answer #2
539 votes
If your are a Hindu family, you will get equal share from your father's property, If you want you want your brother to own the house, all the legal heirs of your father has to release their shares in favour of your brother.
Answer #3
919 votes
Your father has expired intestate. The house is in his name. But he is no more. In such case, the surviving legal heirs of your father will have equal share. You say that one son is not alive. If he died unmarried, then the property will be divided in 3 equal shares. If he was married then his legal heir will get one share. Then in such case, the share will be 4 equal shares.

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