How to divide fathers property among siblings

As per Hindu law, if the father dies intestate (without a will), the process of claiming a share in his property by his legal heirs can be initiated by following the below-mentioned steps:

1. Ascertain the legal heirs: The first step is to determine who the legal heirs are. As per Hindu law, the legal heirs of a deceased person are the wife, children (sons and daughters), and mother.
    

2. Obtain a legal heir certificate: After ascertaining the legal heirs, you need to obtain a legal heir certificate from the concerned authorities. This certificate establishes the relationship between the deceased and the legal heirs and is required for transferring the property to the heirs.
    

3. With respect to the ancestral property, prove the property is ancestral: The next step is to prove that the property in question is ancestral property. Ancestral property is the property that has been inherited from the father's ancestors and has been passed down through generations.
   The following are some of the documents that can help prove the ancestral nature of a property:
   - Revenue records: You can obtain copies of the revenue records from the local revenue department. These records will show the property's history, including its ownership and any transactions that have taken place in the past.
   - Sale deeds: If the property has been sold in the past, you can obtain copies of the sale deeds from the concerned parties. These documents will show the property's ownership history and any restrictions on the property's sale or transfer.
   - Partition deeds: If the property has been divided among family members in the past, you can obtain copies of the partition deeds. These documents will show the property's history, including its ownership and any restrictions on the property's sale or transfer.
   - Family tree: You can prepare a family tree that shows the property's ownership history, starting from the original owner to the current owners.
   - Witnesses: You can also present witnesses who can testify to the property's ancestral nature. These witnesses can include family members, neighbours, or other people who have knowledge of the property's history.
    

4. File for partition: After obtaining the legal heir certificate, the heirs can file a partition suit in a court of law. In the partition suit, the heirs can claim their share in the property, self-acquired and ancestral - of the deceased. The court will then decide on the partition of the property based on the legal heirs' respective shares.
    

5. The share of each heir: The share of each legal heir in the property will be determined based on the Hindu Succession Act, which lays down the rules for the distribution of property in case of intestate succession. As per the Act, the property of an intestate person is distributed equally among his or her legal heirs.
    

6. Transfer of ownership: Once the court has determined the shares of the legal heirs, the property can be transferred to the respective legal heirs through a registered deed or a gift deed.
    

It is important to note that the process of claiming a share in the father's property can be complicated and may involve legal procedures. I can be consulted for guidance and assistance in the matter.