Dear Sir/ Madam,
Ref: Hindu Succession Act 1956
Sub: Equal rights to Son’s & Daughter’s
This is to bring to your kind notice that my father expired on 1.5.1992 & my mother expired on 26.9.1999. We are together totally 5 brothers & Sisters.
3. Sister ( Expd in 2012 Husband & 2 Son’s Living)
5. Sister (Expired unmarried).
2 Sisters were married before 1980. Please be kind enough to explain me as to the Devolution of interest of property between the remaining 4 of us. Kindly do the needful and oblige.
Asked in Property Law from Mangalore, Karnataka
i presume it was self acquired property of father . on your parents death each legal heir would have 1/5th share in property . the 1/5th share of sister who died in 2012 would go to her husband and 2 children .
Each heirs will get 1/4 share in the property left behind by your parents unless bequeathed under a Will to any particular heir.
If it was a self acquired property of your parents and if they have died intestate, then 1/4th share will go to all legal heirs(including legal heirs of your sister who expired in 2012(husband & 2 sons),
you, your brother and your sister will get 1/4th share each. You nephews also will inherit their mother's 1/4th share jointly.
each of the children is ebtitled for equal share. except the deceased one. in so far as the deceased brother is concerned their children is entitled for the share if their father.
If the property was the self purchased property of your father then all his children will have an equal share in the property left by him. The share of the deceased married sister will go to her widower and children.
Thank you for your kind replies. I have one more doubt. If the property is ancestral then how will be the devolution of interest of property among ourselves ?. Kindly reply.
Asked 3 years ago
in the same manner described above. all children are entitled fir equal share. In your case it is 1/4th each.
we have already informed you that all legal heirs have equal share in property . since ther were 5 legal heirs each had 1/5th share . the share of deceased sister would go to her husband and children .
The devolution of interest will be in the same manner as in case of property being self purchased.
The same answer given earlier holds good for this query also.