• Inherited property

My dad has inherited 7 acers of property does my father's brother also have share in it
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Inherited how ? through WILL or without WILL ?

If without WILL from his father than his brother have equal share.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

how did your father inherit property?

 

 

2) was it by will of deceased father?

 

3) if so his brother would not have any share in property 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

If it's inherited property from your grandfather and your uncle's share is not given than Yes he do have share in the property.


Plus need to check on what ground your father has inherited the property. Whether it was WILL OR GIFT OR NORMAL inherited.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

All the first class legal heirs have equal right in the deceased property. First class legal heirs means, 1.Son, 2. Daughter, 3.Wi and 4.mother. If your father inherited his father's or mother's property, his brother also have equal right like your father.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

See in case your father inherited same by will or settlement he is sole owner of property.

Kindly mention the complete details.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi

You have not given the details of inheritance.

If the property inherited by your father is through WILL then his brother does not have right in it.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

Yes, if it is ancestral property, then your fathers brother have his share.

Who inherits the property if a Hindu Male dies intestate?

As per the law, ownership of a Male Hindu who dies intestate is divided among his heirs.

The division among heirs has to take place as per a particular rule.

  • First the Class I Heirs share the assets among themselves (one share each)
  • If the departed person doesn’t have a Class I heirs, then The Class II Heirs are entitled to share the concerned property.
  • If there is no heir, then the property is divided among Agnates (descendant or akin through male’s side) and then among Cognates (blood relative or descended from a common maternal ancestor.)

If there is no heir or relative to claim the property, it passes on to the Government by way of Escheat. In such a case, the government attains all the rights related to the assets along with the duty to fulfil all the obligations attached to the assets.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If he has inherited as self acquired property then no rightif ancestral then yes

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

if your father inherited through will Or gift then your father's brother has no share. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if the father dies without a will then the brother of the father may claim the property 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No if the property has been transferred to your father through will or partition deed then his brother doesn't have any share in that land 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- It depends, how your father has inherited the property ,whether by way of execution of WILL or he get his share from the partition of the property.

- If, he got the said property  by way of WILL or Partition of the property , then your fathers brother will have no share in the property.

 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

If your grandfather is reported to have died intestate then the properties left behind by him shall devolve equally among his legal heirs i.e., your father and his siblings 

You first confirm the details of the property and whether his siblings have been allotted any share in the properties  similar to your father's inheritance.

 

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your father has acquired the above mentioned land from his ancestor and he has a brother also about whom you wish to now his claim if any.
  2. I would like to inform you that the nature of the property is of ancestral if the same has come to him from his father or grandfather or great grandfather.
  3. And in this case, his brother would also have equal share in it as per the law of inheritance.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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