Legal Question in Real Estate Law in India
My father died without writng a will two years ago. i am the eldest with two younger sisters. he has four properties. i run a company started by him where none of the above two are not partners. my mother is alive on whose name there are two properties. in the heirship deed all four persons including my mother are included. now the time has come for division. how to approach the matter which has to be solved. please give an ideal solution so that i dont lose any thing and they also dont. kindly advice
3 Answers from Attorneys
As per the Act when a person dies intestate then all the legal heirs are entitled to equal share in the properties. So your sisters are entiled to equal shares. Other than this you can have mutual agreement among you all and settle it amicably.
u may go for a partition suit and the properties may be divided by metes and bounds.
A mutual partition or division is as mutually agreed by all concerned.