• Property share

Father and mother has expired before 1998. They had 3 sons and 2 daughters. 2 daughters are married. 2 sons have already died. Out of the two sons who died one has an alive wife, a married daughter and an unmarried daughter and another son has a son and an unmarried daughter. The property title deed has 4 names clearly mentioned i.e Mother and her 3 sons. So to whom and by how many parts the money will be partitioned.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

See firstly the property has will be divided in 4 shares in sons and mother.

Now the mother since she is no more her share will be divided upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband(is no more in your case.);

So on demised sons children and alive daughters.

Further the Share of individual sons will go onto there wife and children and will be equally divided.

So firstly in 4 parts and then will be further divided as mentioned above.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Mother one third share willl devolve on her sons and daughters equally

2) the share of predeceased sons would devolve on their wife and children

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello sir , as per Hindu sucession act , the property will be transfered equally among all the 5 legal heirs ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) As of now if you are going to sell the property than only legal heirs signature will be require, means all sons legal heirs as per class I Hindu Succession Act.

2) Mother's all children that is all legal heirs.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Mother will get her 1/6th share;

2. All the three son's will get 1/6th share each;

3. Out of the two sons, one son who died one has an alive wife will get, a married daughter and an unmarried daughter will get 1/18th share each;

4. Another son has a son and an unmarried daughter will get 1/12th share each;

3. The daughters of original owners will get 1/6th share each;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Mother's share will go to widower and 5 children

2. Son's share + share inherited from mother will go to widow and his children

3. Similarly second son' share + share inherited from mother will go to his widow and children

4. Plz inform when did father die? Before or after mother's demise?

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The property will be diluted as per Hindu Succession Act.

All of the persons mentioned above in the query would have share equally between themselves.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If you are sure that the property title deed has four people names, then it is jointly owned property.

In that case the property will first be divided into four equal shares.

The three sons or the legal heirs of the deceased sons shall be entitled one such equal share.

The remaining 1/4th share belonging to the deceased mother shall be divided into five equal shares, out of which the three sons (including the legal heirs of the deceased sons) and the two daughters shall be entitled to one such equal share.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

One Share to mother and other share between the 3 sons if there is no will. If he has will then it will be as per his will.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Hello,

1/4th share will go to each of the legal heirs i,.e., 3 sons and the mother.

Sons may further divide the money as per their legal hiership.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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