Legal Guide

Indian law for Property Distribution between Brothers

by Bhavya Choudhary · 3 min read

Indian law for property distribution between brothers

Introduction

Inheritance and succession laws can become complex to stay per and needs to be thoroughly understood and performed. The property is distributed in many ways after the owner’s death. This can be done by filing a court suit or without it. 

The Indian law for property distribution between brothers states that each heir gets an equal part in ancestral property, and if there is a will, the will is used to distribute among the people it mentions.

As per Indian law for property distribution between brothers, if a Hindu male dies without a will or any wish stated, the property and his possessions are divided equally into the legal heirs and his widow. Further divided into four categories.

  • Class 1 heirs
  • Class 2 heirs (if no one is present in class 1)
  • Class 3 Agnates (if no one is present in class 2)
  • Class 4 Cognates (if agnates are present)

If the concerned property is ancestral

  • According to the Indian law for property distribution between brothers, the property that is inherited by the male lineage from four generations or more is ancestral property which is divided equally into the next generation of the male of the same family regardless of their age or location.
  • It must remain undivided throughout this period to pass the ancestral rights under the law. There is an equal division and share of such properties for both sons and daughters from birth itself.
  • Before the amendment and the previous laws before 2005, only sons had a share in their father’s ancestral property. But now, the daughter can claim the property share if she has not received it.
  • By Indian law, for property distribution between brothers, the property is to be divided equally, and the daughter has equal rights to it; the father cannot distribute it through will however they like.

In the case of Self-Acquired Property

If the father has obtained property with their own money or income, then the son or daughter has no claim or rights over it. The owner can distribute and dispose of the property however they wish to as per Indian law for property distribution between brothers and sisters.

Death of father intestate

  • When the father passes away without leaving a will, all the heirs get an equal part of the property for themselves with a few required document verification. They might choose to divide it then and there or leave it for future partition as required.
  • As per the Hindu Succession Act, the class 1 heir receives the equal share by any means, being the closest to the owner of the property involved. Four class divisions come into play when either one is missing, as deciphered by the Indian law for property distribution between brothers.

For a married daughter

  • In the period before 2005, a daughter was not included in HUF as she was married. This means she had no right or share in her father’s property.
  • After the necessary amendments were made in the Indian law for property distribution between brothers and sisters, they were included as coparceners and had a right to claim their part regardless of their marital status.

Legal procedure to distribute a property

  • A partition deed or family settlement can be used if there is no deed or will leave in the property distribution by the legal owner of the Property.
  • A deed or suit of partition can be filed by mutual consent of all the brothers to divide the property into equal parts through document verification and claim what belongs to whom as per the Indian Law for property distribution between brothers.
  • The members can also come in to form a mutual agreement and bring out a family settlement to distribute the property among themselves without court interference as per Indian law for property distribution between brothers, or they may seek legal advice to solve matters out of court. The members claiming must be related to each other and should have a share in that property involved.

A few essential points for the distribution of property

  • Class 1 heirs will simultaneously get an equal part of the property as their share. There is no uneven division or favorability in the Indian law for property distribution between brothers.
  • Only biological children and adopted children are considered for property share. Stepchildren are not counted as part of the property shareholders.
  • The children of any deceased daughter or son also have their rights in such properties. They get equal parts, each as per the Hindu Succession Act of the Indian law for property distribution between brothers.
  • The settlement of any property can be performed with the help of legal advice and mutual consent.
  • Even if the individual converts themselves to another religion, they still are entitled to get their share of the property.

Conclusion

  • Many clauses were amended after 2005 for the betterment of the HUF and its partition needs. The property can be owned equally by each legal heir without any hassles and disruptions.
  • In many states still, women and men do not get their respective shares in family ancestry, so it becomes important to bring the Indian law for property distribution between brothers and sisters into effect.
  • In any serial crime, a criminal cannot claim or inherit any property as per Indian law. There are basic values and principles attached to such amendments which naturally regulate the succession. This is the Indian law for property distribution between brothers.

Taking the legal help of a property expert lawyer can help solve any issues regarding property distribution and disposal. The father can seek such help to understand the recent laws regarding succession to act accordingly.

Bhavya Choudhary

Written by

Bhavya Choudhary

Get Expert Legal Advice For

Property Matters

Enter a valid phone number

Related Articles

View MoreView More

Hi there 👋!

How can I help you?

whatsapp