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ranjan (software engineer)     09 September 2017

Please help


       my father elder brother died in 2003. He got no issues means (no son and no daugther ) his wife also dead ealier than him.No will written by him. My father has got two sons and a daugher and my brother used live with him in his self acquired property of house in last two years along with sons and a wife at the end of last two years. They had fights, which forced him, father elder brother to tell to brother to go out and live on his own. But he has kept it going on and finally he dead in 2003 with out will. My brother was telling partition will get my sister and me. Now he is telling no partition he will give he is getting a Rs 12000/- he is enjoying with it. What should my sister and me to get share in the rent and property.  


 3 Replies

Krishna. Advocate (Advocate)     09 September 2017

In your case, Father elder brother died without declaring the WILL. Has no son or daughter. His wife is also dead earlier than him.

What about his mother or Father? How many Brothers and Sisters?

Advocate Krishna 9447963440



Siddharth Srivastava (Advocate)     10 September 2017

In your case, the property shall devolve in terms of class -II which describe second class legal heirs.

ranjan (software engineer)     10 September 2017

Dear Krisha

       My uncle ( father's elder brother ) has no father ( dead loing before), no mother , brother is one i.e, my father he is no more. no sister.

  Sorry it is 2013 unlcle ( father elder brother ) is dead insteasd 2003.

Thanks in adnvance


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