Hi my father bought 50 acres of agricultural land on his own. He had passed away in 2002 and did not leave a will of the property distribution He has 3 children and all are married Daughter 1 got married in year 1980 and has 1 son and 1 daughter Daughter 2 got married in year 1896 and has 2 sons and 1 daughter Son 1 got married in year 1992 and has 1 son and 2 daughters. My father has bought 5acres agricultural land on my mother's name. Also my mother has got 1 acre land which was given to her her parents (my grand parents) . The 50acres land include this 5 acres also. My mother died in the year 2012 again without leaving a will. Please suggest what would be right proportion of sharing the property and Do we need to follow the GO passed in Andhra Pradesh - called as NTR Property ACT 1985?
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1) on demise of your father intestate your mother , 2 daughters , son have equal share in his self acquired property
2)in respect of land bought in mother name all 3 children can claim share in said land
3)on mother demise her share in land would devolve on 3 children equally
4) NTR property act 1986 sought to give women equal share in joint family property
1. On the demise of your father, who passed away intestate, his 45 acres of land (50-5) has devolved equally on his widow and all children. The share of daughters is at par with that of sons, so the share of each heir is 1/4th after the demise of your father. On the demise of your mother her 1/4th share further devolved on her children equally.
2. The 1 acre which was gifted to your mother devolved on her 3 children in the proportion of 1/3rd each.
Dont get confused by reading too much of law books without understanding the concept in the provision of law.
This is very simple position of law that the properties left behind by your parents shall devolve equally on all their legal heirs consisting three children.
All the three children shall be entitled to an equal share in the properties i.e., 1/3rd each out of the toal properties.
The children of legal heirs are not entitled to any share in the property during the lifetime of the legal heirs.
