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Parents died w/o Will. Can i register property in my name. 1 brother.


11-Mar-2023 (In Wills / Trusts Law)

Parents died without Will. We are 2 brothers. Elder brother shifted with his family 25 years ago.Can i register the house now in my name or my brother has any share in the property as he did not take care of the parents and only i did. Now i am with my family staying in the house. How do i register it in my name?

Answers (1)

Answer #1
386 votes


As we understand your query you wish that, the house should be registered in your name as your brother moved out of the house 25 years ago.

Assuming you are Hindus,

the division of the property is going to happen according to the Hindu Succession act.

As per our understanding, since your parents died intestate i.e. without making a Will, you and your brother has equal share in property and only after partition of property by filing a case for partition, the share you get could be registered in your name.
 

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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