• Property related

Property in the name of mother who expired 6 year back having 3 son 2daughter . Father was also expired 20 year back. All children are married. Two sons are staying in same property with family. One son is in service residing out of City. All other members are in same City. What may be the distribution pattern.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

on demise of mother sons and daughters would have equal share in property

2)each child has one fifth share in property

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

5 legal heirs, therefore each legal heir is entitled to get 1/5th share in the property.

You may either do a family settlement and get it registered

or

you may file a partition suit in the court of law.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

All 5 children are entitled to an equal share in their mother property, i.e., 1/5th share to each of them.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. Since your mother died intestate (without executing WILL) and your father is also no more, all the children are entitled to equal share in the property in question.

2. In the instant case 3 Sons and 2 Daughters are entitled to 1/5th share in the property.

3. Each legal heir is entitled to 20% share in the property.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

If this is your father's self acquired property then all the children will get equal share in the property. If this is your father's ancestral property then only son will get share in the property because your father is died before 20 September 2005. After the amendment of 2005 daughter also gets right in the ancestral property but only when her father is alive on or after 20 September 2005.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Since the mother is reported to have died intestate leaving 5 children surviving her, all the successors in interest. all the five have equal share in the property, i.e., 1/5th share each.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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