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How is the property distributed when there is no will


02-Nov-2023 (In Property Law)

My father before dying bought a property in my and my brothers name only, now my mother and my sister want their share in it The saledeed,index 2, 7/12 extract are in my and my brothers name only So will my sister and mother get a share in it since my father has paid for the property? Or will it be divided between me and my brother only as it was in our name since beginning, My father left no will, Jus directly bought it in my and my brothers name only Pl help me understand Wat will happen in this case

Answers (2)

Answer #1
644 votes
Father has purchased the property in the name of two brothers from his self earning. It is not ancestors property. Therefore it can not be claimed by mother and sister
If at all they claim they may not succeed
Answer #2
917 votes
Sir,
from query it seems property is purchased by father ,but you didnot disclose the income source from which the said property is purhcased. as it can be seen that father has purchased the property is name of only sons inthat case the mother and sisters cannot seek partition of the same , if they intend to do so they have to file suit for parition and prove that property though purchased in sons name it for benefit of all. Further father has not made will so property will be divided into only sons to their respective shares as per sale deed , but if sale deed doesnot specify same in that case sons can seek partition deed by mutual understanding or file suit for partition of their shares respectivesly.

regards

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