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Varun Kumar   10 April 2025

Father died without making a will

Hello Sir,

We have our home which is on the name of my father. Now my father died without making any will. We have 3 brothers and 1 sister. As per our all wish, we wanted to transfer this property on my mother name, except ONE brother who is opposed to our decision and her wife is also oppossed to this decesion. So could you please suggest any way out, so that we can transfer this property (Home) to my mother name.

Regards,

Varun



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2025

Your brother being one of the legal heirs, he is entitled for a rightful share out of your father's property.

You cannot compel him to give away his share also to your mother.

You and other siblings can execute a registered release deed relinquishing your rights in the property in favour of your mother after which your mother can file a suit for partition and claim her share with separate possession.

Varun Kumar   11 April 2025

Hello Sir

That brothers has not helped anything while construct the home. He is not doing anything in his life and he always demanded the money from others. Everyday he was quarreled with father and mother and he was giving so so much troubled to them. Thats why for the time being we all want to transfer the property on my mother name.

Please suggest any way out.

Regards 

Varun

R.K Nanda (Advocate)     11 April 2025

File partition suit in court so that all the 5 legal heirs get their share by judgement of court.

Sudhir Kumar, Advocate (Advocate)     11 April 2025

even if one of the claimantdoes not agre then you cannot trnasfer.

 

after partition suit you can transfer your share.

P. Venu (Advocate)     11 April 2025

The brother is entitled for his share and he cannot be compelled to relinquish his share. His character and anticidents are of no relevance or application in the given context.

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

There was no compulsion on you to construct the house out of your own funds that too a decision taken by you on your own without any agreement or conditions about the future status of the funds you had invested in the construction process.

As per law your brother is entitled to a share in the property and the sentimental issues will have no value while deciding the issuue legally by court.

Dr. J C Vashista (Advocate )     12 April 2025

Your brother (whether working or sitting idle) has an equal share in the intestate property left by deceased father. He may or may not transfer his share in favour of your mother, no one can compel.

Other siblings (brother(s) and sister) may get relinquishment deed registered for their share in favour of your mother.

Or

All / any amonst you may file a suit for partition through a local prudent lawyer.


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