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How is the property distributed among legal heirs after father's death
01-Aug-2023 (In Property Law)
My father passed away two years back. Now my mother making issue on sharing the property.. Deed is on my father name and we are two sons. My mother trying to get a portion and willing to give my elder brother son. So is there any way to stop or get equal share to my son as well. Kindly advise One more question as well .. How can we separate the property portion into mother and two sons
Hi, you have not mentioned your religion in your query. In India property of a person devolves by their personal law. As such the property of a male devolves depending upon his religion and of his children at the time of his demise. In any case your mother can not dispose the property of your father without getting a signature from your brother and yourself. She also can not settle the entire property in favour of your brother's son. As in the case of Hindu male dying without a will the following scenario is applicable. On the demise of Hindu male without a WILL the property devolves to his wife and children in equal share. Taking your case, according to Hindu Succession, Wife will get 1/3, First son will get 1/3 and finally second son ( a person of your position) will get 1/3.
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Adv. GP Vijay
Chennai | 200+ Answers
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Since the property belonged to your father and he is reported to have died intestate, upon his death the properties in his name shall devolve automatically on all his legal heirs equally.
In your family, your father was survived upon by three member i.e., your mother and you and your brother. All the three will be his legal heirs or successors in interest
Thus all the three of you shall be entitled to 1/3rd share in the property.
Your mother can execute a gift deed or settlement deed or sale deed insofar as her share in the property is concerned and not beyond that.
She cannot deny you your legitimate share in the property.
Since you are entitled to 1/3rd share in the property, you may file a partition suit seeking partition and separate possession of your share in the property.
In your family, your father was survived upon by three member i.e., your mother and you and your brother. All the three will be his legal heirs or successors in interest
Thus all the three of you shall be entitled to 1/3rd share in the property.
Your mother can execute a gift deed or settlement deed or sale deed insofar as her share in the property is concerned and not beyond that.
She cannot deny you your legitimate share in the property.
Since you are entitled to 1/3rd share in the property, you may file a partition suit seeking partition and separate possession of your share in the property.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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