in respect of property bequeathed by B sons of A would have 50 per cent share each
2) in respect of A property each child would have one sixth share each . i presume wife of A predeceased A .
Distribution of self acquired property
Assume that 'A' and 'B' are brothers where 'A' is elder one and had two sons and four daughters. 'B' was survived with wife and no children. Both 'A' and 'B' share a common property from their mother through registered WILL. Apart from that 'B' had purchased a land from one society. Both 'A' and 'B' have not written any WILL. But B's wife had written a WILL giving away the property acquired by her husband, from his mother as well as bought by him on his own, to both the sons of A. In this scenario, How much share A's sons and daughters will get from A's share of common property + property bought by B? How much share A's sons and daughters will get from B's share of common property + property bought by B?
Asked 8 years ago in Property Law
Religion: Hindu
12 Answers
1. A's children will inherit in equal share with the siblings and their mother from A and in such terms as mentioned in Will of B.
2.The Will of B appears to cover all the properties. if that is so then the A'S legal heirs will get what the Will is mentioning about them.
1. After the demise of B his share in the joint and absolute properties devolved on his widow. As a corollary thereto, she is at liberty to bequeath these properties to anyone she desires. So if B's widow has willed these properties to only the sons of A then A's daughters do not get any share therein. The share of A's sons will be 1/2 in the properties of B.
2. A's sons and daughters will succeed equally to all the properties of A in the event of his intestate demise. The share of every child of A will be 1/6th in his properties.
each son will get 1/6 share in his father's property and 1/2 share in B's property
Hi
1) Property of A and B obtained from their mother through their registered will be the absolute property of both A and B.
2) B's wife will inherit the property of B absolutely and she can Will all of the properties to whomsoever she wishes. In this case, if B has willed the properties to son's of A, both the son's of A will get the properties in equal shares.
3) A's children ( 2 sons , 4 daughters and A's wife if alive) will get equal share of A's properties.
Hi, B's wife has no authority to write a will here property is the composite property no one has partitioned the property so until the properties is divided between the parties B's wife has no authority to write a will.
But here, B has bought a separate land on his own (in which A doesn't have any share) apart from the one he inherited from his mother through WILL (in which A has share). In such case and as pointed by Mr Pradeep, if there is no partition between A & B, if B's wife had written a WILL mentioning details of both the properties in which A has share and A doesn't have a share then will it become invalid in total or whether the WILL written by B's wife would be accepted partly as she was right w.r.t giving B's own property to A's sons. Pl. clarify.
Asked 8 years ago
Hi, WILL is valid only in respect of the property bought by the B.
1) will only represents last testament of the deceased testator
2) court merely considers whether there is valid execution of will by testator and it is attested by 2 witnesses
3) probate Court does not decide any question of title; (
Hi, property inherited from mother is not ancestral property. Moreso when both A & B inherit the property through a will. Whatever A has inherited through the Will shall be the absolute property of A and likewise whatever was inherited by B will be the absolute property of B . In absence of children, wife of B shall be the absolute owner of properties( inherited and self acquired) owned by B. Hence the will of wife of B will be totally valid.
The will would not become illegal but the beneficiaries of the will made by B's wife will have to file a lawsuit for division of property to cull out their share in the property which was undivided. In an undivided property no legal heir can claim possession of a specific portion of the property. So they have to seek division from the court.
How much share A's sons and daughters will get from A's share of common property + property bought by B?
From your statement it is not clear whether A and B are alive or not.
If A is alive, then his children cannot claim any share in it during his life time.
Assuming both A and B are no more and A has not made any arrangement for his self acquired property, then A's children along with his wife (if alive) shall be entitled to an equal share out of A's property i.e., 1/9th each. This has got nothing to do with the property acquired by A's sons through B's wife's will. That is a separate entity.
How much share A's sons and daughters will get from B's share of common property + property bought by B?
A's children are not entitled to any share out of B's properties. If there are no class I legal heirs for B then his class II legal heirs can claim equal shares.
Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:
1] Category I -
a) Father.
2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.
3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.
5] Category V -
a) Father’s father.
b) Father’s mother.
6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.
7] Category VII -
a) Father’s brother.
b) Father’s sister.
8] Category VIII -
a) Mother’s father.
b) Mother’s mother.
9] Category IX –
a) Mother’s brother.
b) Mother’s sister.
The rule of share in Class-II heirs is that each will take per capita including widow.
if B's wife had written a WILL mentioning details of both the properties in which A has share and A doesn't have a share then will it become invalid in total or whether the WILL written by B's wife would be accepted partly as she was right w.r.t giving B's own property to A's sons. Pl. clarify.
In the property acquired through will, A and B have equal shares, however if they have not partitioned then in the half share of B, upon his intestate death, his wife acquired the same, she now bequeaths the same in favor A's sons alone. If A also died intestate, his share of property shall be divided into 9 shares and A's sons will be entitled 1/9th share or one of the nine shares, besides this one by ninth share, they are entitled to one half of B's share acquired through will.