• Transfer of property of husband to wife, Children and grand children

My question is in 2 parts.

1) My father passed away and left a house with land, He did not have "Will". Does my mother become the sole owner of the house or we the children and grandchildren also inherit the house in equal shares, while my mother is still alive?
2) If my mother agrees decides to distribute the share of property by "will" in unequal shares among her children and grandchildren - does "the Will" takes the precedence?
Asked 2 years ago in Property Law
Religion: Hindu

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22 Answers

1) on father demise mother and children would inherit the property equally 

 

2) grand children have no share in property 

 

3) mother can execute will bequeathing her share to whom soever she pleases 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Dear Client,

since there is no will, all the legal heirs of your father, means your mother, you, your siblings will be the 1st class legal heirs. property should be shared equally among the 1st class legal heirs. your mother's share becomes her self acquired property and she can will her property to whom ever she wants. other heirs can not claim that property in the will.

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

1. I believe that the property in question is self acquired property of your father. Since your father died intestate (without Will), the property shall be inherited by his wife (your mother), his sons and daughters in equal shares. 

2. Your mother can make a WILL in respect of her share only in the said property.

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

1. As per law, after the demise of your father without leaving a WILL , his property would be devolved upon his legal heirs, i.e. children and mother equally , and not grandchildren if his father is alive.

2. Your mother can distribute her share in the property left by your father only , and not children's share .

- She can give her share to any person without taking consent of others , even to grandchildren by way of WILL etc. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

First of all the property left behind by the father shall devolve equally among his own legal heirs consisting his wife, children and mother if living.

Therefore your mother cannot become the sole owner of the property. She is one among the legal heirs./successors in interest to succeed to the estates of your decease father and she would be entitled to one equal share at par with you and your siblings. 

The grandchildren of your deceased father are not entitled to any share in your deceased father's property especially during the lifetime of their respective fathers. 

Therefore your mother can write a Will to anyone of her choice only in respect of her share in the property and not over the entire property.

You can consult a lawyer either from this forum or outside on all such further issues for more clarity based on the situation prevailing at your end back in India in this regard. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1) On demise of your father  his wife and his children will inherit the house is equal shares.

2) Your mother as per her own wish can distribute the share of property by registered will.

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

5.0 on 5.0

1) As your father has not left any Will, all his legal heirs share shall inherit an equal share each, including your mother, your father's mother (if alive), you and your siblings. The grand children shall not come into the picture now.

2) Your mother can leave by Will only her undivided share and not the entire estate of your father in favour of anyone of her choosing.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Yes will will take the precedence if it's self acquired property

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. On the intestate (without executing a WILL) death of your father, his self acquired properties would devolve equally to his mother (your paternal grandmother), if alive, his wife (your mother) and children.  Your mother does not become sole owner of the property, unless and until the other legal heirs execute a registered Release/Relinquishment Deed in favour of your mother.  Grand children will have right only if any of your siblings are already dead.

2.  Your mother can execute a WILL,  only to the extent of her share in the properties in unequal shares to her children and grandchildren and not for the entire properties.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

 After the death of  father, the property left by father  acquires character of ancestral property. It will be divided as per the provisions  of Hindu Succession Act. Sons, daughters and mother will share the property equally. Grandchildren will inherit the property of  their fathers/mother and share the share which  has devolved on their fathers/mothers in equal shares.

  1. Father left 100 square feet of land and left behind his wife, two sons and daughter. Each will share 25 sqf. After mother her 25 sqf will be divided among two sons and one daughter. Children of each son and daughter will inherit equally share that has accrued to their fathers and mother.
  2. She can deal only with her 25 sqf share by will/gift/sale. She can deal with shares of sons and daughter.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1. After father, the property goes to his legal heirs who are his widow, mother and children, equally

2. mother can only deal with her share in the property. she cannot deal with the share of the other legal heirs

3. grandchildren are not legal heirs when class 1 legal heirs like mother, widow and children are alive

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

1. Your mother along with all the children of your deceased father will equally inherit the property left by him, intestate.

 

2. Your mother can execute a Will only in connection with her share of your deceased father's property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Your understanding is right. 

Your mother can enjoy the property with full rights as an absolute owner till her lifetime by this arrangement. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Yes your understanding is correct 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

1. If there were to be a valid WILL executed by your deceased father bequeathing his entire self acquired property to his wife (your mother), then she alone can take a decision regarding the property as to, whether she wants to retain it or dispose it of, gifting it to any person, including her child/children, bequeathing it to any person, including her children, etc.

2. In case of her intestate ( without executing a WILL) death, all her children get equal share.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

- Yes, if there is a WILL written by your father in the presence of two witnesses , then the children cannot claim any share in the property before her demise or as mentioned in the WILL. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Yes, that is correct. It won't automatically be transferred if she is the sole owner.

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

yes, you are write.

However, the children would be inheriting the property in equal shares after demise of your mother in case she died intestate (Without will).

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

Yes

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

Yes you will not get anything till she passes and she doesn't have any will

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Yes, if your father left a Will, only those named in it as beneficiaries shall be entitled to inherit his estate to the exclusion of all the others.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

1. Yes it is correct.

 

2. The property of the deceased testator will be dealt with as per his Will only after probate of the same is avaioled from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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