How to divide father's property equally who died w/o writing a Will?

My father expired suddenly without writing a will. My mother and me (daughter) want to divide the property among my 2 brothers, but we have no clue how to do that. There is one piece of land and one house (which has no registry).

My younger brother wants the house worth 70-80 lakhs and is not ready to give even a slight share to my elder brother. Both are not ready to come to the court to settle the matter.

My mom is ageing and does not keep well. Can me & my mom write something in the court that can avoid any bloody clashes in future. We are really worried. Please help.

Answers (1)

260 votes

You do not have a registry of the Land or the House?

If the property is not registered under your father's name, how can you claim that it is your father's property. Please provide us with the correct facts.

Further, if the father died without a Will, then the property is divided amongst all legal heirs, including you (daughter).

So, both the brothers will have 1/4th share in the property. In case, you and your mother do not want a share in the property then you can execute a relinquished deed which needs to be registered before the Sub registrar of your local jurisdiction.

Further, we suggest you to provide us with the exact complete facts, so that we can provide you the exact legal solution.

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