On mother demise intestate property would devolve on 3 sons and daughter equally
the share of predeceased son and daughter would devolve on their spouse and children
Father willed everything to my mother, now what if mother dies intestate?
Father had self-acquired properties. Father died. Father has mentioned in his will that his wife (my mom) would get everything after his death. Now my mom owns everything. She plans to write a will. However, what if she dies without writing a will? Father's parents are dead. Mom's parents are dead. Mom has three sons and one daughter. One son and one daughter are dead. So mom is survived by two sons and one widow of son.
Asked 3 years ago in Family Law
Religion: Hindu
17 Answers
If she dies without a will, all these properties will devolve upon her legal heirs, which includes all her surviving children including you and the legal representatives of the deceased children.
In this way will property will devolve in equal shares to:
1. One share to first son surviving.
2. One share to second son surviving.
3. One share to the widow(and children if any) of the deceased son.
4. One share to children of the deceased daughter, if any.
After father WILL, mother is owner of properties.
If mother doesnt have WILL then all legal heirs will get equal share.
33% share to two sons and one widow of son each.
Dear Sir/Maam,
1) if your mother is the owner of all property through will, she can will her property to anyone she likes.
2) If your mother passes intestate the property will be inherited by the legal heirs of the mother or the kids of the predeceased son or daughter and if no kids then the widow.
3) In your case the property of the mother will devolve onto the two surviving sons and the widow of the predeceased son can claim part on behalf him.
Thank you
The property now belongs to your mother. The necessary paperwork wrt the will must have been done ie probate.
Now if she doesn't write a will then the property will be divided amongst her children because the children are her natural heirs.
Hello,
- If the mother dies intestate the sons and the widowed daughter in law will inherit in equal proportion from the estate in the given situation.
- Your sister in law acquires right emnating from what should have gone to your brother if he were alive.
1. In case of your mother's intestate ( without executing a WILL ) death, the entitlement to the share in the property devolves equally to all her Class-1 legal heirs.
2. In the instant case, the entitlement to the share in the property devolves equally to three sons and one daughter, i.e., 1/4th to each legal heir. In case of deceased son and daughter, their individual share gets subdivided to their legal heirs.
Presuming that mother dies without executing any will, there will be three sharers in the property, widow will take her deceased husband’s share.
In case the mother is alive, she can execute a Will on a plain paper. Will need not to be registered. However, in case she dies intestate, the property would devolve equally i.e. 1/3 rd share each. In case, the daughter was married having siblings, her share i.e. 1/4th share would vest between her husband and kids. In case, she died unmarried, 1/3rd share each.
1. If she dies intestate then her properties will devolve through intestate succession on her children equally.
2. The share of pre-deceased son and daughter will devolve on their spouses and children.
1. if the mother dies intestate the property will be distributed among the legal heirs proportionately,
2. as per the given data, the property will be distributed between three sons and one daughter,
since one son and one daughter is expired,
resultantly,
the share of the son will be distributed among the widow and kids, if any,
and the daughter's share will be taken by her legal heirs,
If mother passes away without WILL then all legal heirs are entitled to get share in the property.
two sons, one widow, (Deceased son's children) and daughter.
Your mother after enforcing the Will as per law, becomes an absolute owner of the properties bequeathed by her deceased husband.
She cn bequeath the properties now standing on her name to anyone of her choice and in any manner she may desire and decide by writing a Will to that effect.
If unfortunately she dies without any Will, then her death would be termed as intestate , by which the properties left behind by her would automatically devolve on her own legal heirs i..e., her children.
Her children includes the legal heirs of her deceased children (i.e., the spouse and children of her deceased son and deceased daughter).
1. First of all probate of the will shall have to be availed by your mother to enforce her title on all the properties of your deceased father since with out probate will has no value more than a scrap paper.
2. Thereafter she can execute a will as per her wish.
3. In case she does not obtain probate of your deceased father's willand also in case she dies with out executing a will even after obtaining probate of her husband's will, all her said properties will be equally inherited by all her legal heirs.
- Since, your father has written a WILL in favour of your mother , then if there is no dispute then she can also write a WILL in the presence of two witnesses
- Further if she dies intestate , then that property would be devolved upon all the legal heirs i.e. three sons and daughters equally.
- Further , the legal heirs of deceased son and daughter can claimed the share of their father and mother .
if she dies intestate then the property will be divide as per the succession laws
properties will go equally to the 2 sons, child/children of the deceased son [provided the son predeceased the mother] and the daughter. Widow of deceased son takes nothing.
