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Immovable assets division in case of intestate death


09-Mar-2023 (In Property Law)
Hi Community! Glad to be here! 1. In the event of someone's intestate death, I fully understand that Self-owned immovable property is to be automatically fully didived equally amongst class 1 heirs, however would the same apply to assets such as cash,jewellery,shares etc.? 2. If the finances of the deceased was being taken care of/the bank account details /locker key etc. is in the possession of one of the children of the deceased and they are not forthcoming in terms of divulging this to the other class 1 heirs, how could this one class 1 heir be made to do so?
Answers (1)

Answer #1
976 votes
I fully understand that Self-owned immovable property is to be automatically fully divided equally amongst class 1 heirs, however would the same apply to assets such as cash,jewellery,shares etc.?
You have rightly understood about the distribution of properties of the deceased after the intestate death. Please be informed that the same rule applies to the movable assets as well. There is no change or difference in law as far as immovable or movable properties of the deceased upon the intestate death.




2. If the finances of the deceased was being taken care of/the bank account details /locker key etc. is in the possession of one of the children of the deceased and they are not forthcoming in terms of divulging this to the other class 1 heirs, how could this one class 1 heir be made to do so?
In this situation the fact is that one of the children of the deceased had been taking care of the amount in FDs or bank account/lockers, however he cannot be an absolute owner of the said movable assets of the deceased who died intestate. He/she can claim only their legitimate and proportionate respective share in the said properties. If others are not willing to cooperate or forthcoming to claim their share then the person who is in custody can apply for succession certificate and from a competent court of law and on that basis he can claim separate possession of his/her particular share in the said movable asset left behind by the deceased and if others want to claim let them do it separately.
You can consult a skilled lawyer in the local for all such further clarifications in future.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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