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Austin (-)     01 December 2014

Intestate inheritance

Hi, Location: Shirva, Karnataka.

Religion: Catholic

Issue: 4 sisters (3 alive and 1 deceased) wish to partition land from their parents (who are deceased intestate). My mother is one of the sisters, who leaves behind her widow (my father), my brother,sister,myself (all 18+ years of age)

Questions

1) As my mother(one of the sisters) is deceased, how can the remaining 3 sisters now partition their deceased intestate parents land(non-agricultural)?

 

2) What process is involved to make the partitioning a legal transfer, considering my mother is deceased? Does my father,brother,sister and I sign during the partitioning with the 3 remaining sisters.

 

3)Who inherits and how much do each of us (father,brother,sister,myself) inherit from my mother's (intestate) partitioned land?

 

4) And how can we legally make the inherited land as joint-ownership between 4 of us. I was suggested "Family Settlement Deed" or "Partition Deed" Any reasons which one would be most effective?

 

Thanks in advance,

Kind Regards

Austin



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 December 2014

for your mother share: all legal heirs have right over the property of your mother share.

so your aunties(your mother'sisters) may make partition into 4 shares.  one share belongs to the legal heirs of your mother.

T. Kalaiselvan, Advocate (Advocate)     02 December 2014

the intestate property can be divided into four equal shares and one such share can be inherited by you together with your father and other brothers and sisters. A registered partition deed identifying your share with metes and bounds as a schedule of property to be inherited will be the solution to this issue.

Austin (-)     02 December 2014

Thanks for your prompt reply Adv. Kaliselavan! My father has his own land from his parents side, so he wishes to give us(brothers and sister) full ownership of my mother's share that him and us (his sons and daughter) will inherit from my deceased mother. Can my father give his share by placing a condition on the registered partition deed, or do we have to do something different? Appreciate your generous assistance. Very kind of you!

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