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Kumar M   11 June 2018

Distribution of property after death of father & one brother

Two Years ago, after death of my father & one of the brother. Family has now following members - 2 brothers, 1 sisters (married), mother & widow (deceased brother's wife), son & daughter of deceased brother. How the Father's property ( house + farming land) shall be distributed among the family members as per existing law if Father had not have any will ?

Kindly suggest please the way to sorted-out / reconcile the same. Thanks !!



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 2 Replies

R.Ramachandran (Advocate)     11 June 2018

When you say father's property, I take it that the property was self-acquired property of your father.

In that case, the property will be inherited equally by his Class-I heirs.

The class-I heirs of your father are:

1. his mother (if alive)    One

2. wife (widow)               One

3. his son(s)                    Two

4. his daughter(s)           One

5. widow/son/daughter of a pre-deceased son        One

If your father's mother is alive, then the property will be divided into 6 parts - and each part going to 1 to 5 mentioned above.

If your father's mother is not alive,, then it will be divided into 5 parts - and each part going to 2 to 5 mentioned above.

As can be seen, one part in total will go to your deceased brother's family and they (deceased brother's wife, son and daughter) will share equally amongst them.

Kumar M   12 June 2018

Thank you so much sir for your reply. Father had ancestors farming land, so will the same rule be applied to distribute this also to above members ? Father's mother is not alive. Pls suggest. Thx

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