One legal heir is refusing to divide the family property
Question:
My father died without writing a Will. One of my brothers is occupying the entire property and refusing to give shares to the other legal heirs. How can we claim our share?
My father died without writing a Will. One of my brothers is occupying the entire property and refusing to give shares to the other legal heirs. How can we claim our share?
Answer:
When a person dies without leaving a valid Will, the property generally devolves upon the applicable legal heirs according to the relevant personal succession law. The legal heirs may first issue a partition notice demanding division and separate possession. If an amicable settlement is not possible, a partition suit may be filed before the competent civil court. The legal heir certificate, death certificate, title documents and family details will be required to determine the exact shares.
When a person dies without leaving a valid Will, the property generally devolves upon the applicable legal heirs according to the relevant personal succession law. The legal heirs may first issue a partition notice demanding division and separate possession. If an amicable settlement is not possible, a partition suit may be filed before the competent civil court. The legal heir certificate, death certificate, title documents and family details will be required to determine the exact shares.