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Can daughter claim the property of diseased father
14-Jan-2023 (In Property Law)
hi...my father expired a few days back. i m d eldest daughter...i have 2 younger brothers and 2 younger sisters...i wantd to have sum info about d distribution abt d property
Yes. If the property is self acquired by ur father, then u can claim share in equal proportion with the other existing legal heirs of ur father. U need succession certificate from Tehsil /SDM office as applicable
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Adv. Nitesh Kumar
Delhi | 25+ Answers
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Hello,
If your father has passed away inestate i.e., without a will then the property will be divided equally amongst all the surviving legal heir.
The following illustration can be of some help for you:
.
A, a Hindu male dies intestate and is survived by his mother, one widows, two sons and two daughters. it becomes clear that the property of A shall be divided in 5 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part.
Warm regards
If your father has passed away inestate i.e., without a will then the property will be divided equally amongst all the surviving legal heir.
The following illustration can be of some help for you:
.
A, a Hindu male dies intestate and is survived by his mother, one widows, two sons and two daughters. it becomes clear that the property of A shall be divided in 5 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part.
Warm regards
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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If your father has passed without any will, then all the legal heirs have equal rights over the property. In your case if your mother is not there then in that case the property will be equally divided among five of you and you will have your share of 1/5. Additional information is required.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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