Legal Question in Real Estate Law in India

My father had 1 brother. Their property was inherited from their father. My uncle passed away a few years ago leaving behind his wife but no children. My mother also passed away a few years ago.

My father has 3 children - 2 sons and a daughter. All are married and all are alive. My father passed away last year without leaving a will. My aunt is still alive.

If we are to partition the property now, how should the division be done now.

1. 4 equal shares (my aunt and 3 of us)

2. 50% to my aunt and the remaining 50% to be shared between the 3 of us

thanks for any help


Asked on 10/18/12, 2:54 pm

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

first option seems appropriate but it is advised to see a lawyer with all the documents.

visit my website www.karvai.in for further guidance.

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Answered on 10/18/12, 8:44 pm
Shrichand Nahar S.V.Nahar, Advocate

Equal share to your father and his brother appears proper. Since brother of your father is dead, his heir would take that share.

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Answered on 10/21/12, 1:00 am
Sanjay Kalra Sanjay Kalra & Associates

Your aunt means BUA , if yes then she had a equal share in her fathers property the way your father and his sibling had. Your aunt now has no share in her brothers property and your father property would go to your fathers legal heirs ie 3 of you and your uncles share has already gone to his wife.

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Answered on 10/22/12, 2:24 am


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