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Does brother have equal right in property w/o taking care of father?


18-Sep-2023 (In Property Law)

My father died without writing a will. We are three brothers but none of them except me took care of papaji. Now, they are asking for equal rights in his property. What is the solution?
 

Answers (1)

Answer #1
190 votes


Assuming you are a Hindu, you will be governed by the Hindu Succession Act. If your father died without a Will, then as per Section 10 of the said Act, all the legal heirs will have equal rights in the property. The Legal heir for your father's property are:

1. Father's widow,

2 . Father's mother,

3. Son and daughter.

The only solution you have with you is that all the legal heirs relinquishes their share in favor of you by executing a relinquish deed. Further, the relinquish deed needs to be registered before the sub registrar.

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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