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What if father dies without a will
28-Sep-2023 (In Property Law)
My father has got 2 flats n a house in his name.one of the flats is in partnership with his daughter while the other two properties r individually held by him.We r two siblings I am the elder daughter n I have a younger brother.we both r married n living with our spouses n children.Now my father if he does without a will then how does the property gets divided amongst us.what if anyone of us denies to give the other his her share.what r the necessary documents in case of a will
Hello,
If your father dies intestate without making a will. Everyone would have equal rights in the property in his share of the property only. You cannot claim the rights of your sister who is a fifty percent owner in one of the flat.
And if he makes a will, wherein an executor would be appointed who will distribute the property as per the WILL. To avail the same than you have to go to high court and apply for probate certificate.
If your father dies intestate without making a will. Everyone would have equal rights in the property in his share of the property only. You cannot claim the rights of your sister who is a fifty percent owner in one of the flat.
And if he makes a will, wherein an executor would be appointed who will distribute the property as per the WILL. To avail the same than you have to go to high court and apply for probate certificate.
Helpful?
Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
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in your case, your father died without a will so you can file heirship certificate at your local jurisdiction Court. Then court affirms legal hire of your father. Then you can transfer their property, on your own name and your brother and legal hires,
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Adv. Vikram Rathod
Navi Mumbai | 25+ Answers
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This is my response to you:
1. A Will specifically outlines the share of all the beneficiaries;
2. If a person does without a Will then property is divided as per the succession laws;
3. Consult a local lawyer and take steps.
1. A Will specifically outlines the share of all the beneficiaries;
2. If a person does without a Will then property is divided as per the succession laws;
3. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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