KS Johal 31 August 2015

Property left by father

I was approached by a man who required my help the following is the scenario: There are 3 brothers and 3 sisters. 1 brother and 3 sisters have all passed away. therefore there are only two brothers left. One brother lives inside the property the other lives elsewhere. Can the person living elsewhere claim his share of the property? If so in what proportion? How does he go about getting his share of the property. The reason this is asked is that the one living inside the property has been there for approximately 40 years. Please advise.

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saravanan s (legal advisor) 31 August 2015

if the father had died intestate then his mother,wife and children are entitled to get equal share as they are class 1 legal heirs of the deceased.in your case the intestate property would devolve equally over the 3 brothers and 3 sisters.since two brothers had died the legal heirs of the deceased will get the deceased persons share and you are eligible to get 1/6 th share in the property.you can file a partition suit in the court to claim your rightful share