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Daughter's share in father's property in case no nominee chosen
13-Jun-2023 (In Property Law)
My dad didn't choose any nominee for his property, and now he's dead. I am his daughter, i have one sister and 2 elder brothers. The eldest brother declined to take the property's part remaining only 3 of us but the other brother have a non leagal wife and 2 kids. He is still going through divorce case with 1st wife with whom he had 2 kids. Now they live with their mom. He recently found that the 2nd wife also has a affair with someone, and so they live in same house but she lives in seperate room and also cooks seperately for only herself and kids. My brother look after himself and also suffering for kidney problems, but didn't got mony for treatment. Now he decided to sell the property, so can he do so without any objections from her wifes and sister and if so then how..and if not then whose all signature does he need. Please help
According to the law the father property automatically transfer to their children both the son and daughter. The property can be sell with all the permission from all legal heirs or if they don't you can file a suit in the court and take stay orders against this.
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Adv. Raunak Gupta
Jaipur | 100+ Answers
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Hi.. as you say there are 4 persons along with you and one of your brother had declined his share in the property of your father. One thing i have to mention is that one more share is stand for your mother if she is alive thus you have to distribute 5 equal shares. Now if one of your brothers part should be dilute only by release deed in favor you you all or any of your family. One thing always remember "non legal" wife or legal wife dose not have any right in father in law's property till his husband is alive. Your brother can sell the property share without any requirement of concern of second wife or illegal wife.
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Adv. Hemant Kumar Joshi
Udaipur | 100+ Answers
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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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