How to divide property after intestate parents

930 votes

The essential conditions of a will are
1. It must be in writing
2. It must be signed by testator
3. It must be attested by 2 or more witnesses
It could be drawn up on a plain sheet of paper and handwritten by testator.
You have not mentioned about your mother
Case 1 if mother is alive
And will is not satisfying the above mentioned conditions
Each person shall get 1/6th share
Case 2 if mother is not alive and will is not satisfying​ the above mentioned conditions
Each person shall get 1/5th share

Advocate Vandna Beri LawRato

601 votes

If parties are in agreement that the property is to be divided amongst 5 siblings (or their families) then the regular piece of paper on which your father wrote the same can be treated as a will and probated by consent of parties. The property can be divided once letters of administration are issued by the court. If parties do not consent, then the property may be divided amongst the class 1 legal heirs of your father, as it may then be considered as a case of interstate succession.

Advocate Samar Singh Kachwaha LawRato

871 votes

In case there is no will, the property will be divided equally amongst all 5 simblings of yours. Further,as 2 siblings have expired, their share will go to their offspring and wife.
In case you want to sell the property, it is not possible unless and untill they sign a relinquishment deed in your favour, waving all their rights.

Advocate Abhishek Kumar LawRato