• Distribution of singly-held and jointly-held property after death

Hi, 
My father has two properties. I'm just naming them as A and B. Property A is singly-held by him, i.e., only his name appears on the deed, whereas property B is jointly-held with my mom, i.e., both their names appear on the deed. 

I have my mother, grandmother (father's mother), 4 uncles (father's brothers), and 3 aunties (father's sister) in my family. Also, I'm a single child. 

Recently my father had passed away intestate. Under this circumstance, how will property A and B get divided between our family?

Thanks in advance for your help.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Dear sir,

I am assuming that both these properties are his self acquired properties. 

If yes, then:

You, your mother and your grandmother will get a share each in the your father's properties. 

To simplify:

Assume that both A and B here are worth Rs. 100 each. B property being already split 50:50 between him and your mother.

Now in A property all three of you (You, your mother and your grandmother) will  be entitled to Rs. 33.33 each. 

In B property, your father's share (Rs. 50) would be split into three of you. So you and your grand mother will get Rs. 16.66 each, whereas your mother would now be owner of Rs. 66.66 (50 + 16.66)

Uncles and aunties will not get any share. 

Hope this answer helps. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

On demise of father his property would devolve on his mother , wife and you 

 

2) in respect of property standing in joint names His 50 per cent share would devolve on your grand mother , mother and you 

Ajay Sethi
Advocate, Mumbai
94797 Answers
7551 Consultations

5.0 on 5.0

If the properties are ancestral then your grandmother, uncle, aunties etc can claim their share of the property , else it will be inherited by you and your mother equally . 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. You your mother and grand mother shall have equal right in property A and in property B you your mother and grand mother shall have equal right in father's share of the property I.e. half if not specified in deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- If your father has died without leaving any WILL , then his property A & half of the property B would be devolved upon your mother , and your only , and none has right to claim over the said property legally, as this was a self acquired property of your father. 

- It means that, you have 50% share in property A , and 25% share in the property B , and your mother will get 50% share in the property A , and 75% in property B. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

You can execute registered partition deed to do the needful with consent of all legal heirs. 

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Both A and B properties will be only yours and your mother's equally 

Your uncles don't have any right over the property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. On death of a Male the person is inherited by his class- I heirs which include his widow, mother and children. 

2. So in your case all his properties would be equally divided among his three heirs in undivided 1/3rd share. 

3. However your mother will have additional half share in property B in which she is considered to be its co sharer. 

4. Your uncles have nothing to do with this.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

The property A belongs to your father hence youa and your mother.

2nd you and your mother as per the Hindu law of succession.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If it is Ancestral property then all would get equally. 

If Property A is self acquired property then that would be divided equally amongst you,your mother and sisters barring your uncles.

If Property B is Ancestral property then you ,your mother,sisters even your uncle would get equally divided equal share as per Hindu Succession Act

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. 100% Property "A" will be divided EQUALLY between, Class-I legal heirs, means:
a) Wife of Deceased 33.33% share
b) Mother of Deceased 33.33% share
c) Children of Deceased 33.33% share
d) Brothers & Sisters DO NOT get any share since they are classified as Class-II legal heirs.

2. 50% Property "B" will be divided EQUALLY between, Class-I legal heirs, means:
a) Wife of Deceased 16.66% share + her own original 50% share
b) Mother of Deceased 16.66% share
c) Children of Deceased 16.66% share
d) Brothers & Sisters DO NOT get any share since they are classified as Class-II legal heirs.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

In self acquired you , mother and grand mother have 1/3rd share each. And in joint property, Mother have 1/3rd + 50% and you and grand mother 1/3rd share each in rest 50% share.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

1. Property A will be equally inherited by his mother, your mother and yourself being his legal heirs.

 

2. Fifty percent of property B will be inherited by his mother, your mother and yourself being his legal heirs and the title of the balance 50% share of the said property will be retained by your mother.

 

3. You shall have to keep in mind that in case of demise of your grandmother, her share of your father's share of the property will be divided in between her legal heirs being her children and spouse of  her demised child being your father.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

if he died without a Will, then the property will devolve amongst all legal heir class1 i.e Wife, mother, son. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The Class 1 heirs of a Hindu male dying intestate are his mother, widow and children.

2. On the intestate demise of your father, property A has devolved on his mother, widow and you.

3. His share in property B has also devolved on his mother, widow and you equally.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Property A will equally divided among your grandmother, mother and you in three parts untill someone wants to giveup their share in favour of other legal heirs.

Property B will be transfer on name of your mother if it was joint tenancy rights and if shares are mentioned then your father share will be divided in three equal parts same as that of property A. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The property "A" shall devolve equally upon his own class I legal heirs namely, his wife, son, and his mother.

Similarly, as far s the property "B"  is concerned since it is jointly owned by both your mother and father, insofar as his half share in the property is concerned it shall again be distributed equally to your mother, you and your grandfather.

The other share of property B shall be your mother's own and absolute property.

 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

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