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Family Property dispute south east New Delhi
13-Jul-2023 (In Property Law)
The property is on joint name of my parents. My father is no more and my mentally unfit and my father has not left any will I have one brother and one sister ( unmarried) . How do claim the property or if you can guide what are my right on the property.
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in property matters. Your father has died intestate. You certain have rights with respect to the property .
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hello sir,
I have perused your legal query. Since your father passed away intestate, his share will be equally divided amongst his class one legal heirs. However, share of your mother will remain intact as she is a joint owner herself.
You have an option to file for a partition suit in a civil court of law seeking crystallisation of shares and there respective possession.
For further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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If your father has not left any will, then the property will be devolved as per intestate succession. Therefore, if your mother is alive then the property will devolve accordingly. i.e. to your mother, you, brother and sister. 1/4th share each. To claim the share, you have to either get a partnership deed in the family. If it does not happen mutually then you have right to approach the court by filing a partition suit at the appropriate court.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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