if the property is self acquired and there is no will executed then it will get shared equally other wise as per the will
My father died in the year 2015 and he got married to first wife and she died in accident leaving 3 daughter when they are minor stage and got married to second wife and had a son and now first wife daughters have filed a case for equal shares. By this mean they married on their own and didn't take any responsible to their father. To whom this property is transferred by law. Please help me with this. How to transfer a property to deceased wife.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
They filed a case in court for a partition. Can we transfer or sell property?
if the property is self acquired and there is no will executed then it will get shared equally other wise as per the will
if he died intestate (without leaving a will) All of you have an equal share in the fathers property.
When the suit is pending, it is better all of you file an application for a consent decree before the court, praying for sale of the properties in question and sharing of the proceeds equally.
Since the property belonged to your father and he is also the biological father to his daughters of his first marriage, they are also entitled to an equal share in the properties left behind by him who is reported to have died intestate.
Thus the properties can be divided into fiver equal shares for three daughters of first marriage and one share each to the second wife and the son of the second marriage.
The daughters' share in the property cannot be denied because it is their right.
Since they are also entitled to a rightful share in the property, your desire or decision to sell or transfer the property during the pendency of suit, it will be considered as an illegal act and you can be sued for contempt of court as well.
On father demise 3 daughters , second wife , son would have equal one fifth share in property
2) second wife would not be absolute owner of property
1. The marriage of daughters does not wipe out their share in the self acquired/separate property of their father if father has died intestate. The property of a Hindu male who dies intestate devolves equally on his mother, widow and children who are Class 1 heirs.
2. The daughters must have sought injunction also during the pendency of the partition suit. If injunction has not been granted by the civil court then you are free to sell the property to the extent of your share therein but not beyond it, however if the property is a dwelling house then buyer cannot get the possession of the house unless the property is partitioned through metes and bounds.
You may claim your share in the property by filing a partition suit as this property has been transferred to your father bye law and is termed as ancestral property and even after the death of your mother your rights and property do not conceals all the siblings even step brother will have equal right in the property that you can get by filing a partition suit in the Civil Court
See if there was no will made by father then in that case the property of father shall be equally distributed between all his children from first and second wife , and second wife.
Daughter shall get equal share.
See if you sale property pending the case they may file cancellation of same also you need to check there is stay on transfer or sale or not.
1. IF Father had not executed any WILL, THEN "ALL" the living residual legal heirs of Father, shall be EQUALLY entitled to all properties of Father. Property can be transferred only to living persons and not to deceased persons.
2. IF Partition suit is already filed, THEN suit property CANNOT be sold /purchased /transferred, without the permission of Court.
3. Better to settle amicably and avoid court disputes, since it takes long time and money in legal fees.
1. Assuming that your father died intestate (without executing a WILL), then his property would devolve equally to the children born out of the first marriage, second wife and child/children born out of the second marriage.
2. In the instant case, 3 daughters, second wife and son, totalling to 5 persons are entitled to equal share in the ratio of 1/5th each.
3. To transfer the entire property in the sole name of wife, all the remaining 4 persons have to execute a registered Release Deed relinquishing their share in the property in favour of wife of the deceased.
4. Since the matter is under subjudice, you can't transfer or sell the property at this stage.
If your father died without WILL and your mother is alive than father assets will inherit by 1/5th share each. If mother not alive than 1/4th share each.
transfer or sell property? - court will cancel it.
If the property is self owned or ancestral of father the two wife's will get equal share 50-50% and than distribute to legal heirs accordingly to wife.
Hi
The father's property will be divisible equally in to five parts
1) 3 daughters from first marriage
2) his wife from second marriage
3) His son from second marriage.
Succession rights to a property are inherent rights vested on legal heirs.
You can deny the property rights to the children from first marriage ONLY if the properties vested with the deceased father are ancestral in nature and the children from first marriage have been legally separated from their father (either through marriage or adoption) prior to 9 September 2005.
Hope this information is useful.
1. As per Hindu succession act all the daughters and son are legal heirs of deceased father so property will devolve equally among all legal heirs.
2. Property will not be transferred on name of deceased wife.