Partition

T.somaiah (Querist) 18 July 2015 This query is : Resolved
dear sir
My father got property my adoption ,he died on 2012.he had one wife,one daughter,two live son and one decesed son (he having wife and two children).we are not made any partition during my father life time,he is not made any will. is it ancestral property or seperate property, what is the share of each and what section support kindly give section and clause to sharing each.
thanking you

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Anirudh (Expert) 18 July 2015
The property in question is not ancestral property.
All of you i.e. your mother, sister, you two brothers and your deceased brother will get equal share i.e. 1/5th each.

The 1/5th share of your deceased brother will be further inherited by his widow, and his two children. If they partition that property then each one of them will get 1/3rd share i.e. 1/15 each.

Rajendra K Goyal (Expert) 18 July 2015
Agree with the expert Anirudh.

Guest (Expert) 18 July 2015
If Legally Adopted Son you also will be eligible for a share that would be One Sixth of it.

Kumar Doab (Expert) 18 July 2015
If your father was legally adopted and got the property then his share shall devolve upon his legal heirs.

M/s. Y-not legal services (Expert) 18 July 2015
according to the available heirs., it is ancestral property.

apart from this i am agree with our team member mr.aniruth

-M/s.Y-not legal services-

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