Giri (DL) 31 October 2011

Who gets the property of my deceased father?

Who gets the property of my deceased father and what procedure is to be followed?
My deceased father had a site, which he had not WILLED to anyone of his. HE is survived by his wife(my mother) and two 3 sons (myself and my two brothers). So we all of us get the property or will my mother only get the property? What is the procedure to be followed for dividing the property among the survivors and the transfer of property to all survivors or my mother?

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V. VASUDEVAN (LEGAL COUNSEL) 31 October 2011

If he died intestate - not leaving a will, the property can be divided amongst your mother and all of you, by way of a family settlement. Please contact a lawyer who would draft the settlement. Get the settlement registered with the Registrar of properties to get it effected.

Bharatkumar (ADVOCATE ) 01 November 2011

All family members equal right in this property.

Advocate Habeeb (Advocate High Court of A.P.) 01 November 2011

When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased. Hence the property will be divided equally.

Advocate Vishnu (Advocate) 14 November 2011

Dear Giri,

Since your father has not exectued a WILL , the property will be divided amongst the legal heirs . In your case all of you are entitled to 1/4 of the property. All the legal heirs will have to execute a partition deed with the subregistrar's office mentioning their share of property , to prevent any legal problems in the future.