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Rohit Kumar (student)     21 March 2016

Portion of sister in brothers property (who died unmarried)

My uncle died unmarried in 2005 ? he is having two brothers and three sisters ? whether property will be devided beetwen only brothers oh him? or All between brothers & sisters ?

also can a brother sell half the property without partiton ?

also can a brother file partion suit without the presence of second brother (out of reach ) ?

can partiton suit be filed without having original property documents .?

is there any law to stop selling property to other person ,that is made mandetory to sell half the property to his brother only ,if one want s to sell his part . Thanks



Learning

 1 Replies

saravanan s (legal advisor)     22 March 2016

If he had died intestate as class 2 heirs you are also entitked for a share.only after partition your brother can sell his share and also to file partition suit he dont need to get the consent of the other legal heirs
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