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nan (nan)     25 November 2011

Property partition after death of father without any will


My father died without any legal will. Will the property goes directly to our mom or we the children along with mom are legal heir for the property. my mother thinks she is the only holder of property so she has the only right to sell it and she wants all the property to go to my brother where as we are 6 children 1 brother and 5 sisters all are interested in property.

are they legally holder of property equally or not?


 11 Replies

Advocate Vishnu (Advocate)     25 November 2011

What religion did our father profess as the laws of succession is dependent on the religion ,your deceased father professed during his lifetime.

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sujit uday (lawyer)     25 November 2011

What religion did your father profess as the laws of succession is dependent on the religion ,if your father is an hindu then the property if there is no any will , would be partitioned and shared by all childrens including the surviving mother,if your mother wants to give the property only to your brother then you can file a case and claim your share of the property as it is your legal right..

1 Like

Bharatkumar (ADVOCATE )     25 November 2011

If your father hindu at that time all legal heirs right in this property and equal share in this property, and your mother is not sale this property without consent of all legal heirs.

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In the absence of any Will executed by your father,  his property  shall belong to all his legal heirs and as such your mother  can only get her due share  like other  heirs.

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K. GOPALAKRISHNAN (ADVOCATE)     25 November 2011

sharing a property is also depends upon sisters date of marriage. if the marriage had took place before the year 1987 then the female legal heirs could not claim the right in the property
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nan (nan)     26 November 2011

Thanks for the reply in my case my brother has sold few lands among many of our fathers asset and he had converted one of the house on his name. all were on name of my father and as per the law we are equall share holder and he alone cannot sold any of the property then how it had happened.

and what we can do now because the most imp property is still there and we are worried for that it might happen with that also coz our mom is in his support completely.

Advocate Vishnu (Advocate)     26 November 2011

Dear Nan,

your question cannot  be answered without knowing two major aspects( your father's religion and how he obtained this property- self acquired, inherited or from partition).

nan (nan)     26 November 2011

property was self acquired by my father and he was of hindu religion .hope this would help let me know if any additional info is required 


Advocate Vishnu (Advocate)     26 November 2011

Dear nan,

This applies only to self acquired property - Your father's has 7 legal heirs( mother+ 5 sisters + 1 brother) and all of you all equally entitled to the property.So technically your mother+ brother are entitle to only (1/7+ 1/7=2/7)th share in the property . If all the 5 sisters file a suit  for partition , your mother and brother will have to give your respective shares. Let me know if you have any further queries.

sheela subbarao (Advocate)     27 November 2011

It is true that, including your mother all have equal share in the property. If your sisters are willing you can file a partition suit immediate and file an application along with the case for injunction, to stop your mother and brother from selling/ transfering the property to others. 

Chethan kumar Gowda (student)     20 June 2012

See as per my knowledge if your afather is Hindu and Has left one wife and 5 daughter and two sons the property shouls be divided into 8 equal shares, if your 5 sister is married before 1987 they have no right in property and it automatically will be 3 shares to you , your mather and your brother, and without your permission they cannot even sell the property or get it registered to their name and it is illegal, you can make appeal in the honourable court, and you are sying it is by self heritannce of your father, if he has left any will in the favour of your mother and brother than you have no right, so apply in rti 2005 to get the deatils of the document produced for the registration of the property...............Hope this will be helpful 

1 Like

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