How will property be divided among siblings after parents' death?

We have a property with 6 acres of agricultural land and a house that was built with my own money while my father was still alive. Both of my parents have passed away. I have two sisters and one brother, but my brother has been missing for the last 20 years, and we have no idea where he is. How would the court decide on the division of the property among the three of us? Is there a chance I could receive a larger share of the house since I paid for its construction?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 05 Nov 2024

In your situation, the division of property among you and your siblings will likely follow the Hindu Succession Act, which mandates equal shares for all legal heirs in the absence of a will. Since you built the house with your own money, it may be considered your self-acquired property, but if your father did not leave a will, any property he owned, including the house and agricultural land, would typically be divided equally among you and your two sisters. Your brother's long absence does not automatically negate his claim; unless he has been declared legally missing or deceased, he would still be entitled to a share.

Admin
Advocate By LEAD INDIA Answered: 01 Nov 2024

Sir, as both parents have passed away and there is no will the property will be divided according to the laws of intestate succession and the all the surviving heirs will be liable to equal share of property. It is advised to consult an expert lawyer who will assist you in understanding your rights. For further legal assistance contact us on our helpline number.

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