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how can a property be divided among legal hiers


02-Feb-2023 (In Property Law)
We have a parental property (house & land) which is in combined name of my father and his brother (uncle). My father has 3 sons including me. Uncle is no more there and since he was unmarried he has no children. My Question: 1) Since the property is in the combined name of my father & uncle, how property will be divided. 2) As uncle has no children, can we three brothers become the legal heirs for uncle's portion in property? if yes, what is the procedure?
Answers (1)

Answer #1
765 votes
As the status of the property is not clear still as your Father and your Uncle bought this property in joint-ownership, Uncle's share in the property will immediately be transferred to your Father and your Father will become the absolute owner of the property. Thus, to get the property in question you will have to register a partition deed in your name as well as in your brother's name.
As your Father is the absolute owner of the property you and your brothers are by default the legal heirs for the property in question.
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