Civil Procedure Code (CPC)

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Rakeshh Gawale   26 July 2021

Intestate property division

That was precisely what I was looking for. Very clear and elaborate repsonse given by you. Thank you veryuch Sir!



 6 Replies

Dr J C Vashista (Lawyer)     26 July 2021

Distribute the properties amicably by meets and bounds.

Advocate Bhartesh goyal (advocate)     26 July 2021

You all brothers and mother have equal share in the properties left by your father.Divide the properties as per equal shares and get registered partition with sub registrar.

G.L.N. Prasad (Retired employee.)     26 July 2021

You can opt for mediation through elders/friends and get the valuation done for each property and make 4 shares (Presuming that you do not have sisters) and divide the same within yourselves.  File the family settlement deed before Legal Services Authority as a compromise and get the status of Award and get the same indexed with jurisdictional sub-registrar.  Also, be clear as to your mother's share and give her enjoyment rights with a right to sell and the shares after her demise may also be included for clarity..

Shubham Bhardwaj (Practice)     26 July 2021

Dear Mr Rakesh, 

As per Hindu Succession Act, if a person dies intestate the property is divided among 'Class I' heirs of the deceased. Therefore, mother and all your brothers and sisters (if any) have equal share in the property belonging to your late father. 

In case mutual division, all the heirs should sit together and divide the property mutually. A family settlement deed may also be prepared . Once the property is divided on the basis of the family settlement deed, mutation must be done to transfer the ownership in revenue records.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

 

Disclaimer:- Opinion is only for guidance.  

P. Venu (Advocate)     13 August 2021

Why only brothers? Are there no sisters?

Rakeshh Gawale   13 August 2021

No sisters. We are only three brothers.


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