On mother demise property would devolve on son ,daughter ,widow of deceased son
it should be divided equally among legal heirs
Legal Heir, Succession & Partition of Property.
There were 5 members in the family as follows. Father [f], mother [m], Older son [so], yonger son [sy] and a daughter [d]. Out of 5 members above 4 members except daughter [d] divided the ancestral farm land property into roughly 4 equal parts and took on their name through court judge. Then younger son [sy] died. Then younger son's [sy] only kid [ son ] is missing. Then mother [m] died. There is a property as mentioned above on mother's [m] name after her death. Mother [m] did not done anything related to will or nomination etc. Then father [f] died. Following members of the family are live now. 1] Older son [so], , 2] Younger son's [sy] widowed wife, and 3] a daughter [d]. Now the question is who are the legal heirs for mother's [m] property and how the property should be divided ? Please advise.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
The class I legal heirs of your mother are
1. Your father ( but since he is not alive, his share shall devolve on other class I legal heirs).
2. Her children namely her son's(including deceased son) & daughters.
3. As one of the sons have died, his own class I legal heirs shall be entitled to his share in the property.
4. Thus the widow and missing child of the deceased son are entitled for his share out of your deceased mother's share in the property.
5. Since the daughter is also one of the legal heirs of your deceased mother, she is also entitled to an equal share of property out of your deceased mother's share in the property.
Assuming that your mother died intestate (without executing WILL), then your deceased mother's property would devolve equally to (1) older son-one share (2) deceased younger son's widowed wife and children -one share and (3) daughter (d)- One share.
Ancestral property needs to be divided by consent of all. The above division not making the said person party is illegal. Later all the mentioned legal heirs will have equal rights. The widowed wife will get share of her husband
Dear client I am sorry to hear that but in this case the property of a mother can be divided among their children equally and since husband is no more than husband will be no legal heir in this case and the property will be divided among the living heir
- As per law, after the demise of parents intesate the property would be devolved upon all the legal heirs i.e. children
- Hence, if the demise of mother and father , the property which is in the name of mother will be distributed amongst
1] Older son [so], , 2] Younger son's [sy] widowed wife, and 3] a daughter [d] equally.
