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How to distribute self owned property of father after death no will


27-Aug-2023 (In Property Law)
We are a family of 2 brothers and one sister(Eldest) and My both parents died a year ago and I am the elder Son. Now my father had made some immovable property in his name and my mother's name but my father didn't make a Will before his death. Now we want to partition the immovable property(Plots and House) between us. Could you please suggest me, what are the different legal steps are needed to do the partition of my Father's and Mother's property. All of these properties are self earned properties by my father only. How to proceed?
Answers (1)

Answer #1
636 votes
In the absence of any WILL the provisions of Hindu Succession Act applies to intestate succession. As per schedule to Hindu Succession Act, 1956 Class-I heirs namely son, daughter, widow, mother succeed to the estate of your father. You have stated your mother is no more. Nothing is mentioned about the mother of your father. You all shall take simultaneously as per section 8 of the said Act.
With the help of a lawyer or a knowledgeable person you can divide the estate of your father and mother amicably.

As per section 14 of the said Act, any property possessed by a female Hindu shall be held by her as full owner. Her estate will go to her sons and daughter.

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