Navi Mumbai | 06 Jul, 2021 (1 year, 7 months ago)

Property Law

parents died intestate - brother refusing share in property

My parents died intestate 2 yrs (father) and 5 yrs (mother) back. There are assets ( a house and shares ) in their name and brother moved there and captured all the assets and is refusing to give me any share in the property / shares. My parents had gifted me a small land . They had also gifted him cash and gold when they were alive. He says that I got my share when I was gifted the land by them and hence I don't have any share in their assets. I think, if parents die intestate, then their assets should be distributed equally through partition between me and my brother equally and it has nothing to do with what was gifted to him when parents were alive. What does the law say in such case? Should I demand 50% share by approaching court?
07 Jul, 2021 | 00:19

Yes you can get your share

Adv Shailendra Dubey

06 Jul, 2021 | 18:10


The gifts are irrelevant. You have a claim. you can file a partition suit or first off send a legal notice to that effect.

06 Jul, 2021 | 16:47

Yes, you should otherwise you have no other option. For any further assistance, feel free to contact me on my e-mail ""

Shubham Pabbi & Associates
and if you liked my advice, dont forget to rate and comment "shubham pabbi & associates" on google.


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