• Property dispute

We own a house which is shared between me and my brother. My brother passed away in an accident. There is no will. My mom, his two kids and his wife are listed in the warsa certificate. Can my mom have a share in the property and how do we go about dividing the house and lead seperate lives.
Asked in Family Law from Belgaum, Karnataka
Religion: Hindu
Your mom being a surviving heir has an inalienable share in the property. If all the shareholders are unanimous in dividing the property then the same may be divided by executing a partition deed. If any of them is opposed to division then the only remedy is to file a case for partition in the court and get the property divided by the process of court.
Ashish Davessar
Advocate, Jaipur
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