Right of property

Whether your faither has executed any will or died intestate?

If there is "NO" will executed by your deceased father your mother with brother, sister and yourself are entitled for 1/4 each share in the intestate property left behind.

Your mother and/or any other share holder/ family member may relinquish her/ his share in favour of either of you.  

Yes, if thelate  father had not executed any WILL, the property is jointly vesed with mother and the children. The mother alone cannot sell the property.

1. Property standing in sole name of deceased Father, MUST compusorily be shared EQUALLY by all the residual legal heirs of Father (Mother & all Children).  Mother alone has no rights to usurp /sell /donate /gift/ mortgage the properties, in any manner whatsover.

2. Other properties in joint names /ancestral properties, shall have to follow Partition rules via registered Partition Deed, and then shared EQUALLY by all the residual legal heirs of Father (Mother & all Children).  

Keep Smiling .... Hemant Agarwal

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