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GLaxmi   12 April 2023

Property partition among heirs for fathers self acquired assets in case of intestate

Can mother give her share of fathers self acquired DMAT shares & bank balance & another owned house given on rent to 3rd party to her son in case of intestate of father. So can brother technically get 50%(25% of his +25%of moms) shares & us 2 daughters get 25%. We asked for 1/3 share but brother is insisting on 1/4th. Mom also transferred 100% of her assets to brothers name. So pls. advice.



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 2 Replies

Real Soul.... (LEGAL)     12 April 2023

You mom has no right to distribute the share when your father died intestate, that is null and void.

Since the property belongs to your father and he has not left any will so it will be divided among all of his legal shares and your mother has no right to distribute it, with  exception to her owned  share.

She is limited to her owned share nothing more than that, just file a partition suit and get your share properly.

Shashi Dhara   12 April 2023

Yes mother can transfer her share to her  son that is mother and son get 1/2 ,two daughters other half.


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