Legal Question in Family Law in India

my father died without a will..does my mother have no right on the property??..i have 3 elder brothers and 3 elder sisters..all are married...i am the youngest daughter and i am unmarried..doing 3rd year in b.tech...my 2nd brother wants his share in the property...but none of us and especially my mother is willing to sell any of the property..so does my mother has the right to stop him from selling the property??...does the law support her in this matter?or does my brother has all the right to get the share even without my mother's permission??...and what share do i get from the property?? please help me out..really in need of true guidance..


Asked on 3/09/11, 9:14 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

since your father died intestate, that is, without leaving a will, you all eight, mother, three brothers and four sisters (married or not, elder or younger) have equal share in the properties left by your father. None of you can just sell the whole or part of the property. The partition of the property (ies) must take place before the property (ies) could be sold. the partition may take place amicably or with the intervention of the court. any one of the coowner may ask for partition through the court. Each one has one eighth (1/8th) share in the property

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Answered on 3/09/11, 9:31 am


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