Division of ancestral property after father's demise in JHM.

We are 2 brothers and 2 sisters. Last year my father passed away without making any will. My mother is still alive. He had properties at 3 places. First ancestral property in our home town. In second city father had purchased a house and an agricultural land. In third city my father has made a house on a plot. Before father died, he has told me, mother and sisters that property he purchased in second city will be given to me only and at other two places will be divided equally. This was also told to my brother personally by father. few of my relatives are also aware of this distribution. But all this was done verbally and no will was made by father. Now my brother is refusing that he was never told any such thing by father, whereas my mother and sisters are aware that my brother is lying as father has told this distribution before he passed away. I know legally my brother has equal share on all properties but can something be done legally as both my sisters and mother are in my favour

Answers (4)

166 votes

answer:- आपके पिता द्वारा खरीदी गयी सभी प्रॉपर्टी में क़ानूनी तौर पर आप सभी भाई बहन व् आपकी माँ का पूर्ण अधिकार है | क्या आप आपके भाई को हिस्सा नहीं देना चाहते है | यदि एसा है तो आप चिन्ता ना करें | आपको व आपकी माँ को एवं बहनो को कोर्ट में केस लगाना होगा | आपकी बहनों की शादी हो गई है या नहीं यह आपने नहीं लिखा है | नगर - निगम मै माँ के नाम का नामांतरण हुआ है या नहीं, यह भी नहीं लिखा है | कृपया मिलकर / फोन पर बात करें|

All property purchased by your father is legally all you have of your siblings and your mother. Do not want to share your brother. If so, then do not worry. You and your mother and sisters will have to put a case in court. You have not written your sisters whether they are married or not. Nagar - Corporation I have not changed the name of the mother or not, it has not been written either. Please talk / talk on the phone.

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185 votes

Even if your sisters and mother are in your favour, the property in question cannot be yours.

Because, in Hindu Law, oral wills are not valid. Therefore, the oral will made by your father is no will in the eyes of law.

As you already know, legally your brother also has share equal to that of your mother, sisters and you. The only way you can get the property is that your brother relinquishes his claim as equal sharer. But, if your brother does not relinquish the claim, there is no legal way.

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The chances are very low to get favour of the court as no written will is made by your father?..........................................................................................................

342 votes

There is nothing called a verbal will, All your properties will be devolved as per Hindu succession law. For which you can consult me with documents and details. Nothing more than this can be detailed at this moment.

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