Reader’s queries
Division of inheritance between siblings
I am a reader, 18 years old. I am the second of three brothers and two sisters. I lost my dear father and my elder brother in a dangerous road accident. Two months passed without them. Now my question is, how the property of my father will be shared? My elder brother is no more alive. So who will be getting the maximum portion of the property and who got rights to claim my father's property!!! However three of my uncles are trying to take over my father's business! I do have an aunt also!
My mother could not bear this sudden occurrence of the death of my father and brother. She is falling sick day by day! Now my situation is no more controllable! As I am the elder son presently, I have enough responsibilities. Remaining one brother two sisters are still in school. Somehow we have to manage the family financially.
Please help me regarding the property sharing.
Dear reader,
It is really shocking that you have lost your dearest father and elder brother at this early stage of your life. We believe your role is now very important to rebuild your family and law is certainly in your favour. You along with your rest brother, mother and two sisters would inherit the property of your father. Your uncles' effort to capture your father's property has got no legal basis. Your aunt is also not entitled to have any share of your father's property. Your mother would get 1/8 of your father's property. The rest property i.e. 1-1/8=7/8 would be distributed amongst you and your rest brother on the one hand and your two sisters on the other hand as per 2: 1 proportion. That means if you divide that property (7/8) in 3 shares, you two brothers would get 2 shares of it and your two sisters would get 1 share of it. The arithmetic would show as follows:
2 sons = 2/3 =4/6 of 7/8 = 7/12 (7/24 each)
2 Daughters=1/3=2/6 of 7/8=7/24 (7/48 each)
Now it's a matter of understanding among your family members as to how the property would primarily be administered and managed.
--Law Desk.
