How to divide property among siblings if there is no will
24-Apr-2023 (In Property Law)
My grandparents have passed away. My father, my uncle and their sister are the heirs now. There was no will, so kindly advise how to divide the property with less hassle. All heirs are married with children. My uncle is very reluctant towards any initiative involving division and is not co-operating with the process probably because of his good financials. My father is soon to be retired from his job and we need the settlement as soon as possible. Some of the property is ancestral and some are acquired my grandfather Please advise, help is much appreciated.
U can file a partition suit before a competent civil court as there seems to be equal shares among all heirs irrespective of son or daughtet. There is equal right available to all heirs to the property of ur grandfather.It relates same to ancestral and self acquired property.
How do you solve property disputes between brothers?
You can do this by filing a lawsuit or without one. According to the Indian law on property distribution, each brother gets an equal share of ancestral property. If there is a testament, it is used to divide the property among those named in the will.
How do I take legal action against my brother?
Police will then take your complaint and register an FIR in accordance with relevant IPC sections and begin taking action against you brother. If the police does not register an IPC FIR, you can approach the magistrate court in your jurisdiction and file a private complaint under Sections 463,468 of IPC.
What if my brother cheated me out of my inheritance?
The courts can force your brother to return stolen assets if he has cheated you of your inheritance. Your brother may be forced to pay for your legal fees by the courts. Keep in mind also that your brother could be charged criminally.
Can I claim my brother property?
Your brother can still contest the will as hes a legal heir of class I. You can give the property to anyone you want if it was acquired by you. 09-Jan-2023
Dear Sir it is most important to note that in case of absence of will, the property will be divided equally among legal heirs, it is advised to file a Declaratory Suit for partition of property which shall be filed before Civil Judge Senior Div of your respective area. If your uncle has objections he will have to file them before Court and if Court finds his objections as non maintained the same will be dismissed and partition decree will be passed in minimum 1 year. After that on that decree basis, seperate registry can be done by all legal heirs.
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