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regarding division of ancestral property
24-Jun-2023 (In Property Law)
its a hindu family, as on the its is survived by 3 brothers 1 daughter and the widowed mother, all married. the 3 brothers do not want to give the sister share in the ancestral property, and the mother is also at the age of 82, where all of them are avoiding the partion. so need advice for the best possible to go with the division,? is gift deed of the mothers share a good idea to the daughter divided the proprty into 4 halves and not 5?
As per the Hindu Succession Act 1956 and the recent ruling of SC all legal heirs under class 1 classification are entitled to equal share in the property of the ancestor or the father. In your case the property will be devolve upon all 5 heirs including the mother. However the mother can transfer her share by gift deed or by Will after her demise. If 3 brothers refuses to give share in the property then file a partition suit. For filing partition suit contact me.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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