Father's property seperation - what is the Share for a daughter


I am daughter of my father. My father has 3 sons(1 not alive) and 2 daughters. My father owned a house and he is not alive and no will for that house. My younger brother is living in that home. Now he wants that home in his name. The property worth is about 3-4 Lakhs. I want to know, what is my share as a daughter in the property.

Answers (3)


215 votes

Your father has expired intestate. The house is in his name. But he is no more. In such case, the surviving legal heirs of your father will have equal share. You say that one son is not alive. If he died unmarried, then the property will be divided in 3 equal shares. If he was married then his legal heir will get one share. Then in such case, the share will be 4 equal shares.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

167 votes

If your are a Hindu family, you will get equal share from your father's property, If you want you want your brother to own the house, all the legal heirs of your father has to release their shares in favour of your brother.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
326 votes

If your deceased brother was married and has his family left behind and also if your mother is alive, then you are entitled to 1/6th share in the intestate property left behind by your father.
You can file a partition suit if there is no amicable or peaceful settlement is in sight.

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles