• Partition law for HUF

My father has acquired certain property including farmland, homestead land. All the property purchased by my father, was  in the name of my mother.  My mother died in 1989 and my father in 2010. 

We are 2 brother and 2 sisters all together. Both the sisters are married, around 35 yrs back and currently doing well.

Now what are the rights on the property for each of us ?
Asked in Property Law from Balasore, Odisha
Religion: Hindu
All legal heirs have equal share in property standing in name of deceased mother 
Ajay Sethi
Advocate, Mumbai
28588 Answers
1551 Consultations

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1. Since the properties are not ancestral, all of you including your married sisters shall have equal right on the said property of your mother.

2. You shall have to register a partition deed if all of you agree fro the partition and if some of you object to the partition, you can file a partition suit for which the Court will depute a Commissioner to make the said partition and in that case, the order of partition to be passed by the Court will be binding on all of you.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

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Thugh the properties were bought  by yor father, since it was bought on your mother's name, it becomes your mother's property.
As your parents reported to have died intestate, the properties left behind by them shall devolve on all their legal heirs consisting two sons and two daughters.
Therefore all the four children of your parents are entitled to an equal share in the properties. 
T Kalaiselvan
Advocate, Vellore
18771 Answers
176 Consultations

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HI 
Since the property was purchased in the name of your mother, section 15 of Hindu Succession Act will apply. 
In accordance to Section 15 of Hindu succession Act, all of the siblings 2 brothers and 2 sisters will get equal shares of the property. 
So all of you will get 1  equal share of the above mentioned property standing in the name of your mother.
Hope this information is useful
Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

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Unless your father has pooled the property into HUG it remains his separate property, which he can sell, gift, bequeath or mortgage at his sweet will during his lifetime. You and your siblings will get a share therein only if he does not make a will during his lifetime.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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