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Kolkata advocate (Advocate)     07 March 2021

Coheir needs to break open father's home

If the father had died intestate, can any one sibling or legal heir alone change the door lock and ranaway without giving the access keys to other legal heir? As per my knowledge this property will be equally distributed among all co heirs?what r the legal remedy for other coheirs to get property possession? Can they make duplicate keys to enter the property? Or they should lodge fir against that sibling who has done this to oust the other legal heir?

 1 Replies

Vasundhara Singh (Student)     12 June 2021


Under Hindu Succession Act, 1956 if a male dies intestate that means without a will, then the property is divided among his legal heirs. The first priority is given to the children, wife, and mother of the deceased. In your case, all the siblings have equal rights over the property left by the deceased father. If your sibling has locked the house, then you can get a new key made as you have equal rights over the property as your sibling. There will be no need to file an FIR as he or she also has the right to claim and use the property.  

No sibling alone can claim the possession of the property and if you are interested in your share, then you can file a suit for partition to receive your share over which you will have sole rights. Filing a case against the sibling to remove him from the property will not stand as he is also the heir to the property.  


Vasundhara Singh  


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