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Partition of father's property who is no more
19-Aug-2023 (In Property Law)
Dear sir, want to the procedure for partition of property which is in the name of my father who expired in 2005 in udupi, property is also in udupi without a will. My mother is still alive and staying with me and I have a brother.
Myself with mother are staying in pune what is the procedure to be followed for partition and what if my brother is not willing to give me and my mother share in the property.
In case the person dies intestate, in such case the assets would be distributed according to the law based on his/her religion. In case a male dies intestate, i.e. without a will his assets shall be distributed according to the Hindu Succession Act if a person is belongs to Hinduism and the property is transferred to the legal heirs of the deceased which will include you and your mother. When all the heirs do not agree to the terms of the division of the property and want different terms one or more co-owners can file a partition suit in the court.
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Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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In the circumstances narrated by you it appears that your brother is is in occupation of that property. Now about the question what if he is not willing to give you and your mother shares in the property ? the answer is he has no special right either to give or to reject your shares, he may not easily give up the possession. You need to take your share from the court.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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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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