Procedure for sharing property by brothers, sisters


My name is K.V.Rajan. I am 73 years old. We are three brothers and two sisters. My father Sri K.S. Venkatraman died in 1982, leaving a will behind. We have now decided to partition the property. In the will, my father specifically has mentioned that he is not catering for his daughters, since he has already provided adequately for them. One of the brothers died. Hence, I called my remaining brother and planned to share the property among the three of us, that is, I, the wife and family of the second brother and the third son. Coming to know of this, the sisters are now of the opinion that they are also entitled to the ancestral property in the village as well as the house in the city of Chennai to which we now belong. I would like to know as to what is the legal procedure to proceed further. Should the property be divided into Five parts for all the five of us or should we divide it into Three parts - irrespective of whether it is ancestral or self earned property of my Late father? Can I kindly be informed as to the law and rules prevailing in this regard? As far as the will is concerned, my father registered the will in his village area in a place called Villupuram, which is away from Chennai. Thought the will is registered in Villupuram, it is not probated. 

Further, I have a doubt. My father died in 1982. Made a will clarifying his wish. Will the Hindu Succession Act 2005 apply to entitlement by my sisters and whether the act has any retrospective effect in my case? Can you kindly help and also can we know about the fees or charges and the procedure to send the amount. 

Thanking You,

Yours Sincerely, 

K.V. Rajan


My aunt and uncle were the joint owners of a flat. My aunt died in Feb 2013 and my uncle died in July 2013. They were not having any children. My uncle's brother's daughters have taken the flat keys and are saying that my uncle made a will giving the flat to the younger daughter. I am the nominee of the flat. Can the flat be claimed by me?




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