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Property issue between siblings as they have already got their part


05-May-2023 (In Property Law)
My father divided the property in 3 parts, 2 for my brother and 1 for himself.. that he said I will give to my daughter, but now my father passed away.. can my brothers legally take the property from his part as well. but they already got their part.
Answers (3)

Answer #1
822 votes
Sir if the division was done orally and father now died without any transfer then you can claim equal share as that of your brother and other siblings. However if the division was legally done then your brother is entitled for the share in your father’s portion if your father has died without leaving any will for his said portion. But documents need to be perused for any expert advice. Please feel free to contact Thanks
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Answer #2
845 votes
If you’re father have died intestate i.e., without any will, then in that case you all being the legal heirs will have to divide you father’s share between 3 but in case your brothers are ready to give away their share to you, the in that case your brothers can file the relinquishment deed for the same. For any further questions feel free to contact me. Thank you.
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Answer #3
727 votes
you have not mentioned how are your brothers got the share in the your father’s property , I mean whether a will was executed by your father Please clearly mention whether there was a will or it was just orally divided between your brother
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