• Family property issue

a person 35yrs old  n wife 28 died in accident  he owns a property on his name  so they  have 1 daughter of 3yrs old    that  person mother alive     so  to whom that property  transfered  mother or  daughter
Asked 2 years ago in Property Law from Kadapa, Andhra Pradesh
1)on death of  owner of property his mother and daughter are the only surviving legal heirs . 

2) both will have equal share in the property .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
i have already explained that daughter and mother are entitled to equal share in deceased property . daughter will not get  100%share in her father property
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Daughter his wife and his mother if alive are his legal heirs.if mother is not there it will be divided among his wife and daughter if the deceased.Get a death certificate and apply for family survival certificate and then apply for legal heir certificate and mutate the property in their names. For any clarification give me call
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
A. In the absence of Will: Wife, Mother and Daughter are entitled to get an equal share over the deceased person's property.

B. In the presence of Widow: Rule  1.-The intestate’s widow, or if there are more  widows than one, all the widows together, shall take one  share.
  
   Rule 2.-The  surviving sons and daughters and the mother  of  the intestate shall each take one share.

C. Hence, in your case, Class I legal heirs i.e.. Daughter, Mother and Wife are eligible to get equal share.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
If deceased were both Hindu and left no known Will, the survivors, mother and daughter get equal share. A guardian has to be appointed to look after the share of minor. It is presumed that the property was in the name of husband.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Hi, mother and daughter has equal share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
HI
As per Hindu succession act it is The daughter and mother  are equal heirs to the property.
The Class I st Heirs is as follows:-

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son
 
In this case, The daughter and the mother have the equal rights in the property , since the child is minor , the grandmother/anyone appointed by a court  can be the guardian
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Daughter and mother are come under class 1 heirs of the deceased,so are entitled equal shares in deceased property and the property of the minor may be taken care by grandmother till minor attain majority with consent of concerned jurisdictional court.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Hello,
As the daughter of the deceased parents and the mother of the man who died without a will are first category legal heirs are entitled to equal share.
There is no way the daughter can get 100% right over the property.
If the mother is willing to relinquish her right in favour of the grand daughter she can get full rights.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. In the instant case, both the mother and daughter will get equal share of the property of the deceased person,

2. The mother will be custodian of her daughter's share which can not be sold by the mother without the leave of the District Judge till the daughter attains adulthood,

3. When the daughter becomes major, she can sell or deal with her share of the property in any way she would like to.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Assuming the deceased was a Hindu, he shall be governed by Hindu Succession Act.By virtue of Section 10 of Hindu Succession Act 956 which reads as:- 
Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- 
 
Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.
 
Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share. 
 
Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. 
 
Rule 4.- The distribution of the share referred to in Rule 3- 


(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion. 

 
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.  
In view of above mentioned Section , both mother and daughter will get equal share of the property of the deceased. However, since the child is a minor, so Court will  appoint Guardian , who will look after the property of the minor.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. Since the mother of the deceased person is alive his daughter cannot succeed to the entire property. Both mother and daughter are now the equal owners of the property which was owned by the deceased person.

2. Unless and until the daughter attains majority her grand mother will be the custodian of her share in the property. She will not be able to sell the property of her minor grand daughter except without the permission of the court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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