• My mother's property after death

Hello, 
My father and mother bought an immovable property and registered sale deed to on my mother's name .
Now my mother passed away . We are three brothers and our father alive. Now My father married another women . How many shares for my mother's property now and is there a share to my father or not ? because he married again 
Please provide Full details with acts (amendments) for legal proceedings ...
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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13 Answers

4 shares for the same. Father and 3 brothers

Prashant Nayak
Advocate, Mumbai
34704 Answers
249 Consultations

1) As per Transfer of Property Act, all legal heirs name has to registered on the property papers.

 

2) Than later on ask your father to make relinquish deed on all three brothers name and get registered.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Your father , you and your siblings have equal share in property 

 

2) remarriage of your father does not dis entitle him to inherit one fourth share in property 

Ajay Sethi
Advocate, Mumbai
100028 Answers
8164 Consultations

All the children and father Shall have equal share.

Even after his remarriage he shall have share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

All of you have equal share

Tarun Budhiraja
Advocate, Rohtak
379 Answers

hello, 

Yes your father will still have share. The prevision of the Hindu Succession Act will apply, refer to section 3,7 and schedule 1 and 2. 

Each one of you will get 1/4th share in the property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since wife has no share in the property of husband, on remarriage the share in property of your remains unchanged.

In other words your father continues to hold 1/4th share even after marriage for the second time.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Who contributed in property,  jointly or father alone. 

Property will inherit by 1/4th share each of mother's half share. Remarriage dose not affect father inherited share.

Father has half + 1/4th share in mother share.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Your father and all children shall have equal right to the property as per Hindu succession act 1956.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You have 1/4 share in the property if the mother has not made any will.

You can file the suit for partition of the property. You will get equal share in the property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

The property registered in your mother's favour has after her lifetime, if she died intestate, devolved through intestate succession on her husband and all children equally.

 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Yes your father is legal heir of your mother so he will have share in property of your mother. 

The property of your mother will be distributed among four legal heirs including your father 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

As your father bought the property on your mother's name, it becomes your decesed mother's own and absolute property.

Upon her intestate death, the property left behind by her shall devolve equally on all her legal heirs or the successors in interest i.e., her husband and her children.

Your father's re-marriage would not be a bar or would dis-entitle him to claim his legitimate share in the property as one of your deceased mother's legal heirs.

Hindu succession act refers.

 

 

T Kalaiselvan
Advocate, Vellore
90230 Answers
2508 Consultations

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