quesTransfer of immovable property excluding the brother

My father has expired. He has not made any will.The legal heirs of my father is my mother, we two brother and one sister. My father had one land with an in-build house.

We do not have any contact with my brother since last 12 years. We don't know his where about. Now with out my brother how could we transfer the property in our name i.e my mother, myself and my sister?

  • ansThe property can be divided between you, your brother and sister, and your mother by a consensus. As and when your brother contacts you it will be prudent for you to give him his share.

    If you have not heard from your brother for last 12 years, there is presumption in law that in such a situation a person has died. You can seek a declaration from the court in this regard and proceed further to transfer the property as per desire of the remaining legal representatives.

  • 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 and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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