How to divide property after intestate parents
14-Jun-2023 (In Property Law)
My father died in February of 2017. He has a house in . He did not write a will. Only on regular paper he has indicated that the property be divided into 5 units (as he had 5 siblings). But 2 siblings are also expired. What is the procedure for selling the property and dividing the proceeds into the families of the 5 siblings?
The essential conditions of a will are
1. It must be in writing
2. It must be signed by testator
3. It must be attested by 2 or more witnesses
It could be drawn up on a plain sheet of paper and handwritten by testator.
You have not mentioned about your mother
Case 1 if mother is alive
And will is not satisfying the above mentioned conditions
Each person shall get 1/6th share
Case 2 if mother is not alive and will is not satisfying​ the above mentioned conditions
Each person shall get 1/5th share
1. It must be in writing
2. It must be signed by testator
3. It must be attested by 2 or more witnesses
It could be drawn up on a plain sheet of paper and handwritten by testator.
You have not mentioned about your mother
Case 1 if mother is alive
And will is not satisfying the above mentioned conditions
Each person shall get 1/6th share
Case 2 if mother is not alive and will is not satisfying​ the above mentioned conditions
Each person shall get 1/5th share
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If parties are in agreement that the property is to be divided amongst 5 siblings (or their families) then the regular piece of paper on which your father wrote the same can be treated as a will and probated by consent of parties. The property can be divided once letters of administration are issued by the court. If parties do not consent, then the property may be divided amongst the class 1 legal heirs of your father, as it may then be considered as a case of interstate succession.
In case there is no will, the property will be divided equally amongst all 5 simblings of yours. Further,as 2 siblings have expired, their share will go to their offspring and wife.
In case you want to sell the property, it is not possible unless and untill they sign a relinquishment deed in your favour, waving all their rights.
In case you want to sell the property, it is not possible unless and untill they sign a relinquishment deed in your favour, waving all their rights.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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