Intestate distribution of property and other assets
18-Dec-2024 (In Property Law)
Parents left children Intestate. Brother is in possession of property and other assets. He is not distributing the assets as per Hindu Law. He makes emotional excuses and not perform. One sister has joined hands with him. The property is still in my mother's name. We want the distribution of all assets to all legal heirs. How to do this? how much time? What's the fee involved? What's the process?
To resolve the issue of property distribution among legal heirs when a person dies intestate (without a will), the following steps can be taken under Hindu Succession Law:
1. Legal Heir Certificate: Obtain a legal heir certificate to establish all legal heirs.
2. Partition Suit: File a partition suit in the civil court to seek a fair division of the property.
3. Court Procedure: The court will ensure the property is distributed equally among all heirs.
4. Time & Cost: The process duration varies, typically 6-12 months or more, depending on case complexity. Legal fees depend on the lawyer and jurisdiction, while court fees are based on the property value.
Adv. Mahinder Singh Mavi
Hi!
You can file a suit for partition of property wherein you can state all the required details and accordingly, the case will be decided.
One cannot be sure of how much time it would take. However, a minimum of 3 years. Additionally, maybe after a suit is instituted, the brother as well sister might approach you for settlement, in which scenario, case would be decided early.
Fees varies from advocate to advocate. However, court fees is as per the property value.
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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