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Mother died intestate, how will be the division of the property


27-Jan-2023 (In Property Law)
Brother and sister claiming partition of DDA self owned flat on the ground that late mother lent money almost 30 years ago to unmarried daughter. Mother died intestate and conveyance deed only in daughters name.Plaint mentions incorrect address and exparte order on same incorrect address .Property no longer with daughter due to sle while matter was pending.allfamily members are hindu.Please advise
Answers (4)

Answer #1
777 votes
Full facts and circumstances are required to be examined to answer your question. It seems some cases is pending and even ex parte order has been passed. It would be better if you so desire may contact through this website with the plaint and documents to advise you properly.
Answer #2
746 votes
Hello,
According to succession act it will be divided into each and every successor, even the movable and Immovable assets will be divided accordingly. If any son or daughter refuse to take, they may submit their no objections with succession application.
Regards,
Jayatee Chatterjee
Solicitor/ Advocate
Answer #3
562 votes
The claim to property which you have self owned cannot be made by anyone unless you have consented. The facts as per you have mentioned seems confusing. Do consult with valid documents and facts so as to advice properly.
Answer #4
607 votes
If ex partie orders were pronounced against daughter then why you did not applied to set it aside under order 9 CPC .Therefore if conveyance deed is in daughters name therefore legally she should be entitled for the same.Please discuss briefly about the facts of the case contact for further details thanks.

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