Acquired property issue

Also, the dead brothe has left no WILL behind. Does it opens any window for the third (Separated) brother to step in the scene ?

Yes, If there is no legal heir/ dependent of the dead brother then 3 rd have a full right in the properity

That is my question. This is not 'Ancestral Property'. property Documents clearly specify that property is shared by two partis only. In that case, if one party does not exist anymore. Then shouldn't the 'whole property' belong to the rest of the share holder?? Howcome a person who is not connected with the 'acquired property' in any way can claim his right while he has spend nothing on it ?

The property acquired by both the brothers after partition is though jointly acquired, it cannot be treated as joint family or ancestral property. Both the acquiring brothers have right in it in the capacity of tenants-in-common. If any of them dies, share of deceased person goes to his wife or children. If he has no survivors, then it goes to other brother [who acquired property with him].

In any case it does not go to the separated Brother.

It can go the separated brother if both the other brother die, without leaving any legal heir and no legally valid will.    

Thanks Jyothi for your valuable advice. (the thing that was bothering me was - howcome somone's hard earned money (property) can be taken by a person who did nothing for the deceased? It sounds illogical but hey - i am no lawyer). 

Also, could you tell me one more thing. Is it possible for the remaining brother to change the registry ( after obtaining death certificate of the deceased brother) ? What precautions are needed ?

I appreciate your help. This is one of the best plateform available to citizens like us who eaily get lost in 'vocabulary' of lawmakers. :)

Can anyone please suggest me a way to modify the registry? Also, I came across aother lawyer who insisted that property would be shared between three brothers? I still think Jyoti is right in her statement. Howeve, i would be grateful if anyone else can spare some time and consider the issue.

Thanks!

I think you have to approach the court with death certificate, survivor certificate and obtain succession certificate from the court and on the basis of that get correction in the registry.