• Father and brother died before 2005

A partition was effected in 1980 between my father and my two brothers..thus leaving our ancestral property in three parts. We are two sisters who have not got any share in any property. One brother passed away as a bachelor in 1989.. Q1. Who does his share pass to? Can we claim a share in his property or does it go to our brother ? 
Q2. My father died in january 2004.. Im sure i have some unequal share in this property .. Can some one please explain to me what is my exact share .. if the total share is 100%.. !! 
Q3. Our mother passed away in 2008.. is there any chance our brother and fathers property passes to her and then we get an equal share.. please advise
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1) once partition has taken place between father and his 2 brothers in respect of ancestral property your brother had one third share in property

2) since he died a bachelor his one third share would devolve on your mother , you and your siblings

3) on father demise in 2004 his property would devolve on your mother , you and your siblings equally ie you would have one fourth share

4) similarly on mother death the one fourth share inherited by her from deceased husband property would devolve on you and your siblings equally

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. It is not clear on what basis you call the property 'ancestral'. Hope you know what is an ancestral property under Hindu law. Be that as it may, prior to 2005 daughters had no substantive share in the ancestral property. However, they succeeded to the share of their father in the ancestral property in the same manner as sons would.

2. The share of your brother who died unmarried devolved on his mother and siblings. So you have a 1/3rd share in the share of your unmarried brother. This apart, you have 1/3rd and 1/2 share in the share of your father and mother respectively.

3. You are free to cull out your share through a suit for partition if your brother is not willing to amicably divide the property through a partition deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The bachelor brother's sahre will go to in equal share to his brothers and sisters , provided his mother has already died.

2. The percentage of share would be his share would be divided into 3 parts if your mother is no more. So you sisters and one brother get 33.3% of hsi share each .if your mother is alive then you get 25% share each.

3.No

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Q1. Who does his share pass to? Can we claim a share in his property or does it go to our brother ?

The share of your unmarried brother who is reported to have died intestate shall first devolve on his mother being class I legal heir.

If she is not living then the intestate succession shall be with the class II legal heirs consisting surviving siblings i.e., brothers and sisters.

So you can seek your rightful share, if eligible.

Q2. My father died in january 2004.. Im sure i have some unequal share in this property .. Can some one please explain to me what is my exact share .. if the total share is 100%.. !!

If your father is reported to have died intestate then you may stake a claim for a legitimate share in that property but since he has already partitioned then you are left with no chance for that, however you may consult a local advocate with the copies of the relevant property documents for an opinion and suggestion.

Q3. Our mother passed away in 2008.. is there any chance our brother and fathers property passes to her and then we get an equal share.

Since your father's properties have been partitioned during his lifetime, the properties standing on his name as on the date of his death and if he is reported to have died intestate then you shall be having a right and interest for an equal share in that property alone.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Hi

1) With reference to your brother who passed away as a bachelor in the year 1989 his entire property including the property he got vide partition in the year 1980) will go to your mother as your mother is CLASS I Heir in accordance to Hindu succession act.

2) Subsequent to your mother's demise in the year 2008, the property that she got on account of she being CLASS I heir, will vest in equal portions between you, your sister and other surviving brother.

3) With reference to your father's properties,subsequent to his demise in the year 2004, these properties will vest on your mother, you, your sisters and your brother(4 equal parts) as vide Amendment to Hindu succession act by Andhra Pradesh Government in the year 1986 under leadership of Shri.N.T.Rama Rao, daughter are eligible to get equal share as son subsequent to passage of the amendment in September 1986.

4) Since your mother died after your father, her share from your father will again be divisible in to three parts(you,, your sister and your brother).

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

this property value would be deducted from your share in ancestral property

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Whether this property will b included in the overall share that shall be allotted to you in the family arrangement/partition shall depend on the terms and mutual understanding among all the co-sharers.

If there is a mutual agreeent on sharing or dividing the properties among yourselves and a deed to this effect is drawn and registered by everyone signing the same before the registrar's office, then even the court may not interfere in this decision arrived unanimously by all.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Since all the other heirs have executed a release deed of their share in your favour you are now absolute owner of the property, so it cannot be 'deducted' from your share in the other properties.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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