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Ramamoorthy (It)     25 September 2021

Right to my father's property

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.

Read more at: https://www.lawyersclubindia.com/forum/display.asp?cat_id=8#


 3 Replies

Pradipta Nath (Advocate)     25 September 2021

No you cannot as you are not the owner of the property.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2021

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.

Shubham Bhardwaj (Practice)     25 September 2021

Dear Sir, 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. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, Chandigarh Disclaimer:- Opinion is only for guidance.

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