Hello all. My father passed away 3 years back. I have 2 step brothers who are the sons of my father's ex wife whom he legally divorced with appropriate settlement at that time and then married my mother. My father left no will and all the property was earned by him (not ancestral property). One of my step brother is living a very bad life and doing all sorts of misdeeds. Is it possible to divide my father's property between my other step brother and myself alone? We both are united and do not wish to share our dad's property with him. Is it legally possible to avoid my bad step brother getting any of my father's property as his share? Pls advise in detail.
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According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father's property as your brothers do. According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father's property as your brothers.so all of you gets equal property if there is no WILL.
Legally speaking, the property is to be divided between you, your 2 step brothers and your mother (widow is also a Class I heir as per Hindu Succession Act). So there will be 4 shares.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, Chandigarh
Disclaimer:- Opinion is only for guidance.