Distribution of fathers property after his death

882 votes

Since this property was your father's self acquired property, upon his intestate death, i.e.,without making any arrangement for the disposal of the property after his lifetime by way of will of any family arrangement, the properties left behind by him will fall equally on all his legal heirs which are his wife, children and mother.
Now since you and your sister alone the class I legal heirs to succeed the intestate property as successors in interest, you both are the co-sharers and are entitled to 50% share each in the property.
You should first get a legal heir ship certificate from the jurisdictional Tahsildar, and both can jointly sell the property by executing the registered sale deed in favor of the vendor or either of you can execute a registered general power of attorney deed to either of yo and that one person can execute the sale deed for self and also on behalf of the other share holder.

Advocate T Kalaiselvan LawRato

667 votes

Hi,
As per Hindu succession (Tamil Nadu Amendment) on the demise of your father without a will/codicil your sister, your mother and you are entitled to equal share in your father estate. Further on the demise of your mother her 1/3rd share of your father estate will again devolve to you and your sister equally. As such you and your younger sister will be entitled to equal share of your father estate.
Thus it became an undivided absolute property of you and your sister having equal rights.


For selling the property you need to obtain the death and succession certificate of your father and mother.
Option 1: You may sell the property to the prospective purchaser along with your sister.
Option 2: You may partition the property with your sister, giving her share in the property ( if it is dividable ) and sell you share to any prospective purchaser.

Advocate GP Vijay LawRato