• Property claim when will is not written by my dad

My dad expired recently without writing a will on his 2 daughters and 1 son. 
My mom expired 8 years. What is the procedure for claiming the property.
Asked 10 years ago in Property Law

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3 Answers

If no will was made by your father during his life time then all his children are the equal owners of the property. The property can be divided by them with a consensus by making a deed of partition. If any of them is unwilling to divide the property then the others can file a case for partition to divide the property with the intervention of the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

on your father death each child has 1/3rd share in his property . if you have no interest in property you have to execute deed of relinquishment in favour of your brother for your 1/3rd share in the property . your brtoher can apply for letters of administration from court

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

it is better release your right in favor of your brother. you have to execute release deed.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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