GLaxmi 12 April 2023

Property partition among heirs for fathers self acquired assets in case of intestate

Can mother give her share of fathers self acquired DMAT shares & bank balance & another owned house given on rent to 3rd party to her son in case of intestate of father. So can brother technically get 50%(25% of his +25%of moms) shares & us 2 daughters get 25%. We asked for 1/3 share but brother is insisting on 1/4th. Mom also transferred 100% of her assets to brothers name. So pls. advice.

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Quick Summary

This discussion clarifies how a father's self-acquired assets are divided among heirs when he dies intestate (without a will). It explains that the mother cannot unilaterally distribute the deceased's property; she can only transfer her own share. The legal position is that the father's assets will be divided among all legal heirs, including the mother and children. The mother can indeed transfer her own share to one of the children, affecting the final distribution.

2 Replies

Real Soul.... (LEGAL) 12 April 2023

You mom has no right to distribute the share when your father died intestate, that is null and void.

Since the property belongs to your father and he has not left any will so it will be divided among all of his legal shares and your mother has no right to distribute it, with exception to her owned share.

She is limited to her owned share nothing more than that, just file a partition suit and get your share properly.