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How to divide property among siblings after father's death
06-May-2023 (In Property Law)
My father expired on 02.04.2017 not leaving any will.We have two storied house and some vacant land.We are 3 brothers and one sister(married) and mother..since last 12 years I am not residing there but I have built one room at first floor...Now the issue is my elder brother occupied that room..and offer me to vacant land(small portion) but condition is not to sell..pls.advise what to do
You can file a partition suit and then it can be divided equally among legal heir.thw property will be divided among you mother sister brother equally.then file a partition suit and after you get a decree from court.where is your location.
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Adv. Subhankar Sanyal
Kolkata | 200+ Answers
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Sir, you have to file a partition suit for your father’s property. You, your brothers, your sister and your mother are entitled to equal share of your father’s property. Please do not sign any document given by your brother and immediately file a partition suit. Please call for more details.
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Adv. Swapan Kumar Dutt
Kolkata | 25+ Answers
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since after the death of your father, his legal heirs are his wife, 3 sons and one married daughter, the property shall get divided equally among the 5 legal heirs of him. In this condition you can apply for partition suit in the court.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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Since your father died intestate (Without making any will), all three sons, married daughter and mother shall inherit 1/5th share each as per the Hindu Succession Act 1956. You will certainly claim the room which you built. Send a lawyer's letter demanding your partitioned 1/5th share in the property inclusive of the said room, if denied, file partition suit that shall provide you the relief. Try to do amicable partition before going to any litigation, that saves money and time. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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