• Mothers property

My mothers property has a house and after deceased we are 3 leagal hiers. 1.Father and 2 daughters. 
Later in course the father is married to another women. and the women is separated but not legally. from then we two sisters and fathers takecare of our self. After 2 years of separation my father expired.
And few months back my sister expired. Now i wanted to know on the heirs of the property.
In my father legal heir , only daughters names were mentioned.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 1 hour.

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13 Answers

On father demise his one third share would devolve on his second wife , 2 daughters

2) on demise of her daughter her share would devolve on her legal heirs

3) I presume your father died intestate ie without a will

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

On daughter demise her share would devolve on her sibling ie second daughter

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Firslty, Mam, as the property was on your mothers name, and now she has been passed away leaving you and your sister’s children as the legal heirs.

Secondly, you should apply for the succession certificate in the civil court which may take two to three moths.

Thirdly, you and your sister’s children may get the share out of it, but not the second wife of your husband.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This is my response to you:

1. The share will go to you, your step mother and her children;

2. Since it is self acquired property therefore each legal heir will get a share;

3. Especially your father's share will go to his 2nd wife, her children as well as you;

4. Though in all this you will get the major portion of the property;

5. You can get an NOC from the 2nd wife and her children or ask her to relinquish all the rights to you;

6. If she does not listen then file for partition suit.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear Client,

Sister share will inherit in your father and on his death, that share will devolve in you.

Your step mother also entitled to inherit father`s share but as she is not legally divorced, her second marriage is void. So she is not entitle to any share.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1. Presently in the given circumstances, only the residual Legal Heir (remaining sister) is the sole legal heir, who can legitimately claim on the Mothers property. Nobody else.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. You, your sister and father equally had 1/3 share right on your mother's property. 2. Now your sister is no more, therefore You will get absolute share on your sister's 1/3 property. 3. Now your father is also no more, therefore you will get 1/2 share on your father's 1/3 share and 2nd wife of your father will get 1/2 share on your father's 1/3 share. Totally you will get 5/6 share and your father's second wife will get 1/6 share.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

on demise of your father and sister, you become the sole legal heir of your mother

the property devolves on you

provided there are no other class 1 legal heirs

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

See you will get the 2/3 share plus 1/2 share from the father share as in farther 1/3 share 1/2 share will be of the step mother. So you shall have 5/6 share of the property and one third share shall be of the step mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further if there are any children from the step mother then shall also have share in fathers share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

The property was registered in your mother's name. She died and then your father and your sister also died. Therefore the property shall be yours by inheritance. You should file the death certificate of the heirs along with the proof of the relationship with the deceased. The property shall be transferred to you and you can by mutation transfer the property.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If your sister was married then her legal heirs will be entitled to her share in your mother's property.

Your father's share will devolve equally on all his legal heirs i.e., you, your sister's legal heirs and your step mother.

You will be entitled to one third share of your mother's property automatically besides a share out of your father's share in that property.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The daughter who is expired is unmarried and no children.

If so then the property shall be divided into two equal shares i.e., one for you and another for your father.

Out of your father's share you will be entitled to half share besides your own share and the other part shall devolve on your step mother

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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