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Procedure to get the property divided without any dispute


13-Oct-2023 (In Property Law)
I m frm hindu famly, v r 2 sons and 1 daughter for my father. My father ernd a proprty from his own earnings. He expired without sharing or riting any will. After his death it was decided within our famly members that the proprty will be shared 5 parts, 1 for my mother, 2 for me, 1 for my brother and 1 for my sister. Later my brother also expired before sharing. Now I wanted to make it clear to everyone and share the property so that there will not be any dispute later as per the discussion had. But my sister-in-law famly is not showing any interest in processing the arrangement. My question is my brother has 2 sons who are going to get major in some years. When I am ready to share the property as discussed within the family, if my brothers sons can raise an issue that the property is only 4 them and no share to be given for my sister or me, I don't have children, my sister has 1 son and 1 daughter. Bothered what will happen next if my bother sons file case against us.
Answers (1)

Answer #1
763 votes
since your father had self acquired property all the family members will have right and share over the property. since your brother expired before sharing or partition, then your brother's wife will be entitled for the share of your borther along with her two children, you can mention in the partition deed that your sister in law is representing her minor children and she has signed the same for and on behalf of her minor children.
Even if you are not having any children you can enjoy the property that comes to your share and you can make a will in respect of the property owned by you.
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