Distribution of property after death, if there is no Will

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DISTRIBUTION OF PROPERTY AMONG CLASS I HEIRS

Distribution of property after death, if there is no Will

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution  of  property  among  heirs in  class  I  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:-
 
           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.


 
           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-decease  son  shall  be  so  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.
Rule 1:   The intestate’s widow, or if there are more  widows  than one, all the widows together, shall take one share.

Suppose A, a Hindu, dying intestate at the time of his death is survived by two windows and a son. A was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of A. Therefore, as per the provisions of Rule 1 of section 10, both the widows of A shall take one-half share in the house of A and the other half shall go to A’s son. Hence the property of A by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of A’s house that they are entitled to shall be divided equally among them. Therefore share of A’s son in A’s house upon A’s death shall be one-half while the share of each widow of A shall be one-fourth.
Similarly if in the above example A is survived by three widows and three sons, the house of A upon A’s death shall be divided in four equal parts. Three parts, i.e. one part each shall be inherited by each son while the fourth part shall be inherited equally by the three widows.

However, if at the time of A’s death he is survived by only two widows, both of them shall inherit the house of A equally, i.e. both of them shall be entitled to one-half share, there being no other Class I heir.

Rule 2:  The  surviving sons and daughters and the mother  of  the intestate shall each take one share.

A, a Hindu male dies intestate and is survived by his mother, two widows, two sons and two daughters. Now reading both Rule 1 and Rule 2 together, it becomes clear that the property of A shall be divided in 6 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part and by virtue of Rule 1, both the widows of A shall be together entitled to one part.

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.

A, a Hindu male dying intestate, is survived by one widow, one son, one daughter and two grandsons from one predeceased son, i.e. a son who had already expired at the time of A’s death. Now A’s widow shall take one share of A’s property. One share each shall be taken by A’s surviving son and daughter. As far as A’s grandsons are concerned, by virtue of Rule 3, they shall together take one share as they are the heirs of A’s predeceased son. Therefore, A’s property on his death shall be divided in 4 parts. The one part inherited by A’s two grandsons from a predeceased son shall be divided equally among them. Here it may be mentioned that the position of the heirs of the deceased’s predeceased sons is similar to the deceased’s widows. Deceased’s widows, irrespective of their number are entitled to only one share in the property of the deceased. Similarly irrespective of the number of Class I heirs of a predeceased son of a deceased, they all together take one share. Here even if the widow of A’s predeceased son was alive, even then she would have inherited together with her two sons only one part of A’s property.

Rule 4 (i):    The  distribution of the share referred to  in  Rule 3-

(i)   among  the heirs in the branch of the  pre-decease  son  shall  be  so  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)            [Explained in next point]

Rule 4(i) deals with distribution of the share that the branch of a deceased’s predeceased son is entitled to on the deceased’s death. As mentioned above, the branch of the predeceased son of a male Hindu dying intestate gets one share in the deceased’s property. That one share is to be distributed among the heirs of that predeceased son in accordance with this Rule.
Thus if A’s predeceased son had two widows and two sons, then at the time of A’s death, they all together would have inherited just one part of A’s property. Among themselves however, the distribution of this one share shall be made in accordance with this rule. Hence the one part that they have inherited shall be divided in three equal parts – one part each to the two sons of A’s predeceased son and one part to the two widows of A’s predeceased son. Here if A’s predeceased son say B, had along with his two widows and two sons also got another son C who had already predeceased B and on his death was survived by one widow and one son, then the one part of A’s property that B’s branch inherits shall be divided into 4 parts – one part each to his two surviving sons, one part to his two widows and one part to the branch of his predeceased son C.

Rule 4(ii):

The  distribution of the share referred to  in  Rule 3-

(i)    [Explained in point above]

           (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.

This rule deals with the distribution of the share of property of a Hindu male dying intestate that devolves under Rule 3 upon the branch of his predeceased daughter. Now as per Rule 4(ii), this distribution shall be so made that that the surviving sons and daughters of the predeceased daughter get equal portions. Therefore, if A, a Hindu male dying intestate is survived by a widow and a grandson and granddaughter from a predeceased daughter B, then A’s property upon his death shall be divided in two parts- one part to his widow and one part to B’s branch. The part inherited by B’s branch shall be divided equally between B‘s son and daughter.
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Displaying 205 Comments
Have Your Say
  1. Nityananda Murthy says:

    A client of mine is a bachelor. His sister spinster has both movable and immovable property. she has couple of brothers and sister, and all are youngsters to her. She desires to make a will. How the distribution works. Please clarify. It is self acquired property.

  2. rahul sharma says:

    this is a very priceless effort for the advocates and any other who has interest in the legal actually it is the Goldmine for the advocates.Thanks a lot

  3. vinayak soni says:

    can we get your website in Hindi or Gujarati? we want your legal opinion in Hindi or Gujarati, is it possible?

  4. Dear sir I would like to know my quatation as follow.
    Q.1 IN SCHEDULE VILLAGE PROPERTY CAN BE TRANSFER PARTLY TO A MARRIED GIRL(BHRAMIN)?
    Q.2 GIRL MARRIED TO A BRAHMIN BOY.
    Q.3 CONSENT IS GIVEN BY A FAMILY OF GIRL MATERNAL FOR PROPERTY ENROLMENT.
    Q.4 AFTER DETH OF PARENTS THEIR ARE ONLY 2 HIRES(BROTHER & SISTER)BOTH MARRIED

    REGARDS
    SHUKLA S.C

  5. Jastej S (Team Vakilno1) says:

    On what basis do you want to transfer the property. Otherwise, except for the local laws and customs, there is generally no prohibition for transfer of property where the property is self acquired.

  6. R.Lakshmi says:

    My father is a native of kumbakonam. His father died in 1950s. Now my father’s age is 72 years old. My grandfather has only one son and a daughter wherein my aunty had died and their heirs also.My grandfather had a property in kumbakonam in a busy area. He had let it for lease for Rs.1500/ for 50 years. Now that we have no proper papers to prove that he is the only heir of my grandfather but the villagers knew that he is the only son for my grandfather . can you give proper advice to us for getting back our property or some settlement for this. Now that porperty will be around crores of rupees. We do not know how to deal with this matter.

  7. Jastej S (Team Vakilno1) says:

    you can file a suit for the ejectment of the tenant from the premises. Your father can give many proofs regarding his being the legal heir of your grandfather such as Ration Card, Driving license etc. If your grandfather had made a Will then that will also be useful.

  8. S Banerjee says:

    I am a Hindu married woman. My father expired intestate in 2008 leaving behind my widow mother and my two brothers. At the time of his death he had three immovable properties and several movables including bank deposits. My brothers, who live with my mother in the house built by my father, are telling me that my mother has got the privilege and priority to transfer my father’s properties in her own name and subsequently can sell/transfer those too if she desires so. Please advise me if I have got equal right to claim my share of my father’s property and if so under which sections of the law. Further how should I proceed; I live in West Bengal with my husband and my mother and brothers are in Assam. Where should I apply?

  9. Jastej S (Team Vakilno1) says:

    You have equal rights in the property of the deceased and can claim your share of partition and possession as well. The relevant provision of law is ‘Hindu Succession Act’ as amended in 2005. You have to file the case where the property is situated.

  10. Good answer. Please read Hindu Succession (Amendment) Act,2005.

  11. aanil says:

    Self-acquired property owner died without will. At the time of death, the Legal Heirs are Wife, 2 minor Children and Mother.
    No partition /division or registration had effected among the heirs and subsequently mother died.
    Question is…whether the legal heirs of the mother have any rights over the said property
    Please substantiate with authority/case law.

  12. Jastej S (Team Vakilno1) says:

    The mother who has died, even though the property was not divided, then also the share that fell upon her because of the death of her son (owner), would go to her legal heirs as per the Hindu Succession Act.

  13. SHAMIM says:

    i would like to have a draft under MUSLIM SHIA LAW, for DISTRIBUTION OF PROPERTY / INHERITANCE AFTER DEATH.

    As i am a MUSLIM ,& under ISLAMIC SHARIAT, can my father make a will during his lifetime & is that acceptable by Court legally.

  14. this has reference to your reply wherein you have said that the share of deseased mother shall devolve to her legal heirs but tell me one thing that in the act there is no law to transfer the self acquired property held by a male hindu in the name of his brothers/sisters but in case of death of a male hindu his property goes to his mother and spouse/children and on subsequent death of his mother that property is transferred to legal heirs of mother. Should not the property be transferred to remaining surviving class I heirs i.e. between spouse and children only upon the death of a mother.

  15. Jastej S (Team Vakilno1) says:

    Rules of devolution of interest for a deceased male are different than the rules of devolution of interest for a deceased female.

  16. ND says:

    My grandfather have some self-acquired agriculture land. he died without will. my father and uncles and aunts divided the land equally.
    Now my father says me and brothers cannot demand partition in his share, as this is not ancestral land.
    My question is; is the land ancestral or not?
    Do we have any right on the land?

  17. Jastej S (Team Vakilno1) says:

    yes, in my opinion, your father is right. now when the property has been divided, it becomes your father’s self acquired property.

  18. Vinay says:

    Sir, i seek your legal advice in the case mentioned below. ‘A’ acquires some property. He has 5 sons, namely, B,C,D,E & F. ‘A’ dies without making any WILL. ‘D’ is a bachelor. The property is undivided. If ‘D’ makes a WILL that consequent to his death, his share (which is not divided yet) should be given to XYZ. At the time of death of ‘D’ the property is not divided. Whether XYZ are entitled of ‘D’s share consequent to D’s death? since the property has not been divided during the life time of ‘D’, it is felt that ‘D’ s share cannot be given to XYZ and it should be divided between B,C,E & F. Whether i am right or wrong. please assist.

  19. Vinay says:

    Please substantiate with authority/case law

  20. Jastej S (Team Vakilno1) says:

    Till the time the property is not vested, the same cannot be bequeathed either by way of Will or by any other mode. The interest of the coparcenars keeps on fluctuating with the deaths and births. So you are right in saying that ‘D’ could not have made a Will unless the property was divided and thus vested in him.

  21. Jastej S (Team Vakilno1) says:

    For case laws, deep study is needed and therefore you have to avail of customized services.

  22. RARJC says:

    In my will, I would like to mention that some part of my funds should be given to my sister & neices. After death, can my other immediate family members (brother & his wife, my wife and my children) contest this in the courts. I do not want the executor to be going through legal battles in court.

  23. Jastej S (Team Vakilno1) says:

    You cannot stop anyone from filing cases. What you can do is to make very good preparation for you kith and kin to win the cases in case of unnecessary litigation.

  24. RARJC says:

    Hello, Probably you did not understand my question. I want to give some funds to my sister and her children. Can my wife and children, or brother and his wife object to this after my death (by objecting in the courts) in spite of writing it on my will because I do not want the executor to be running around in the courts. I am aware that we cannot stop anyone from filing cases. What I mean is I do not want my own family members to fight among themselves. Is the will final ?? Thanks

  25. Jastej S (Team Vakilno1) says:

    Yes the Will is final so far as your self acquired property is concerned. What i meant by the words “you cannot stop anyone from filing cases” is that, with time relationships changes. One cannot be sure about the human nature. There are thousands of cases wherein after the death of the elder member of the family, the kith and kin takes up fighting in courts for the property. If the property is your self acquired property, then you can bequeath the same to any person of your choice. Your wife and children cannot object to the same, but after your death they cannot be stopped from filing cases in respect of such property. What you can do best is to make a properly drafted Will without any kind of lacunae therein. Kindly get the will drafted from a legal expert.

  26. Yogesh says:

    My relative expired intestate. He did 2nd Marriage after 1st wife expired. He is having 5 children (4 girls & 1 boy)from 1st wife and 2 children( 2 boys) from 2nd wife.
    He is having a immovable property/shop in prime location with 50-50 partnership with his younger brother. Now His brother insisting for 50% from the shop.
    Could you please help us to understand how to distribute this property in this case.

  27. shwetha says:

    Hi , i am shwetha . my grandfather died in th emonth of january 2013. grandfather had two children one son and one daughter . daughter is having two kids. myself and my brother . son is having one son . he has not made any will . grand mother is there. so how will teh property get distributed ????? ..
    my grandfather had put his son n sons wife n son’s son and grandmother out of the house. muyy mummy was taking care of the health of my grandfather .

    but after the death of my grandfather , they came back to grandfathers house and are staying in grandfathers house.

    my grandfather had given the key of the house and the gold he had to my mother . but she gave it back to grandmother after grandfathers death.

    now when we ask the property to b divided they r not willing to give two equal shares. one share to daughter n one to son. Son is taking care of mother .

    so please suggest wats gonna happen ??/

    since they have not taken care grandfather when he was in need , how can they claim his property . tat is his hard earned property

  28. Jastej S (Team Vakilno1) says:

    Where a person dies without leaving a Will, his property is divided in equal shares amongst his children, his widow and his mother. So the property of your grandfather will be divided in equal shares amongst his son, his daughter, his wife and his mother. If your great-grandmother is not alive then the property will be divided in equal shares amongst his son, daughter and his wife.

  29. Your Name... says:

    My father died some years back and left me and my sis(now married) my mom wht is leagal right in is there in my grand father property he has 3 children 2 son (1 died my father and 1 daughter) he has 1 house where we earlier live now they live but I have a possession in 1 floor but we don’t live there . there was 1 more property which they sold without informing us n now not giving details for the same please help

  30. Jastej S (Team Vakilno1) says:

    If the said properties have been purchased from the joint family funds, then you can file a case for partition of property on the basis that the properties, though on individuals name, were actually purchased from joint family funds and therefore everyone is entitled equally into the shares of the property.

  31. kanta devi says:

    we are 2 sisters & 2 brothers. all are married. my father & mother are living seprately. my father having a only home in delhi. few days back my brother’s wife and kids (not adult) taken a court stay against selling of the home. but my father want to sell the home. myself, my mother, sister and brothers have no objection for sell the home. please advise, what can we do

  32. Jastej S (Team Vakilno1) says:

    For proper reply, a perusal of the case filed by the opponent is necessary. As such your query can be replied only in a customized manner.

  33. Raj says:

    My grandfather had 6 sons and 6 daughters later died without doing any will before 15 years ago and his elder son lived in the house of his father when he died he continued to stay in the same house and later transfered the property to his name and registered the property to his son without getting signed from the other sons and daughters and paid khatha in his sons name till now. there is no legal transition to property to him and do not know how he transfered the property to his son and keep paying khatha till now. how can we sue to the case against them for cheating other sons and punish him in this case. do other sons and son in laws have the right to file case against them who cheated other without consenting and not taking any signature or thumb impression for this property. do we get justice in this case please help us….

  34. vinodkumar says:

    ancestral property can sale. the father of the major sons and daughter without signed (enter in to agreement of sale)

  35. Guru says:

    Sir,
    Husband who has mortgaged his house and business to bank
    dies without leaving a will. A family member and other male members are inducted along with the widow in business. The business is carried on to the satisfaction of the bank for about 10 years.

    The widow is in no way connected with running and decision making of business, but gets a paltry sum of 10,000/ to 15,000/ rs. for running her family with two minor children.

    Suddenly the bankers inform her that the business has become NPA and initiate proceedings for auctioning her house and business premises.
    None of the other male members have any personal property at stake.

    Now, can the bank auction the house, which according to law [as per ur advice in other cases] should be divided between the widow and her two children[one of them has become a major now but the other is a minor]?
    She has no objection about them taking over the business premises.She has no other means of livelihood. Can the house be saved?
    Please guide.

  36. Kamal says:

    Dear Sir,

    Pls advise me if my father married without knowledge to second mother without knowledge of her previous marriage without divorce. Can this marriage be treated authentic after 36 years. Can she claim to be legal heir after my fathers death which took place in dec-12. She even hold a son from my father.

    2. What are her rights if she is been nominated in one of the Ownership property of my Father.Can I ask for my right in the same.

    3. Can She sell Tenency Property ( Shop ) of my father without my consent?? Already she has filed under 145 of CRPC for Possession of the same from me.

    4. How the distribution of Banks Savings take place.

  37. Murali says:

    Hello sir,

    There is a proposal for us to buy a piece of land in Hyderabad. The land is registered on a womans name and the woman has been passed way some years back. She has two daughters, both of them are minors.

    Is it enough to get registered by her husband by taking death certificate of the woman?
    Please guide me in what all documents we need from the owner(husband) to make the property registered on our name.

  38. JP says:

    Dear Sir, My wifes mother had a property in Bangalore, she died without a will, she left her husband, son and 2 daughters,her father took their childrens signature to transfer khata in to his name, children have signed for affidavit saying that they dont have any objection to transfer the khata from their deceased mother name to father name, now their father want to make will to his son’s Son(grandson name). now daughters want to claim their right. can they?

  39. Ashish Kumar says:

    Dear Sir,
    My question is about Share.My Grandmother had died on 12Dec2012 without will.Now property is 300 sq.meter plot in Main road constructed ground floor from joined family fund ,She has three sons.We made devidation in selfbasis.Earlier they was agree. Now they are again making trouble against share in property.Please advice

  40. Ashish Kumar says:

    Dear Sir,
    My question is about Share.My Grandmother had died on 12Dec2012 without will.Now property is 300 sq.meter plot in Main road constructed ground floor from joined family fund ,She has three sons.We made devidation in selfbasis.Earlier they was agree. Now they are again making trouble against share in property.Please advise

  41. lucky says:

    sir,my brother owned is self owned immovable property .after his death my bhabi remarried and took her both sons with her now she is transfering the property on my mothers name can she sell the property or my brothers son still have right on it

  42. Inderjeet says:

    Sir…I want to knw that do deceased daughter ‘s family have any right on deceased nana ji’s property who died without making will(havin no son only 7daughers)

  43. rkj says:

    Sir, My father expired on Oct2010. He has some property in his name. He left without WILL deed. He has wife and two sons, one sister, she got married to some one. But we got family members certificate for his wife & two sons. We have plan to sell some part of land to third party. Is it possible to sell. Could you please give us procedure to sell without partition to all class I heirs .
    Thanking you sir

  44. Raman says:

    Sir.. My mother expired on may 1998. She has a leasehold property thru. GPA. She have no made any will, now we have 4 brother & sister mutually decided that 2 person paid to 1 person share and get property in the name of rest 3. property built up like G.Floor& Ist Floor- 2 room set and 2nd floor- 1 room with bathroom stairs common. 1 person agreed to get G.Floor, 2nd person get Ist floor and 3rd person get 2nd floor with roof right. Could I do this as per law and what is procedure and also sure as per law that which person get his consideration can never demand and chellange again for his rights in court.

  45. gagan deep says:

    My grandfather had died before one year and all the property is named to my grandmother and now my grandmother and my uncles disputes with us and not give us any property please help me sir in this matter.

  46. Manjit says:

    My father expired in 2008.he did 2nd marriage after 1st wives death.he has total 6 children. 1girl (me manjit) from 1st marriage n 5 children from 2nd wife….he had immovable property/shops. But my father gave his whole property to his second wife.which was died in 2012.my problem is that my step mother has not did any will &nominee.. And now my siblings said i have not any right to have my share.. They shared the properity in 5. Except me.. So can i file a case to get my share?

  47. Manhut says:

    Plz help me… Its a request… What should i do.. Suggest me a way to get my share…n one more is i have a right to get my share from my step mother as my father register his property on her name?its my father’s property……and my stepmother also passed away..n its a battle between children……. Thnx…… Waiting for reply wid full hopes

  48. Manjit says:

    In before comments its miss spelled manhut… Bt its manjit.. Thnx

  49. My father died in 2008. We have one house which is in the name of my father and mother but both have not died. We are three brothers and one sister and would like to transfer this property to all brothers name. My sister is already married and she has no objection in transfer of this property to our names. kindly suggest what is the procedure.

  50. D.Mazumder says:

    Sir/Madam,

    We have two brothers including me and one sister (married). We have a Building in Krishnapur of Kolkata the name of jointly my mother and father. Now my father died. My mother has a land of her own name. Now my mother wants to distribute the building and land with our brothers & sister. My sister wants to land of my mother. Also she has some bank deposit. She demand daughter will the legal heir of mother property. Her econmocial condition is not bad. We want equal share of property and my mother responsibility. How can I distribute our one roof building with four equal shares? Please suggest me.

  51. Robbie says:

    Dear Sir, we had ancestral property, which was distributed in three shares after my fathers death.but the property was my grandfathers.as we were minors on my fathers death it is on three names my mother, my brother and my name….my question is after my mothers death how her share will be divided…as Shez living with me now ….but just want to know if my brother can fight as the property is ancestral

  52. Charan says:

    Hi Sir,
    I need some information on my grandfather property disturbution.
    1. My grandfather as 7 sons, my dad is elder amoung them.There is no will,sayign this property belongs to so and so. Now my Dads 5 brother constructed a apartment by selling the land(grandfathers0 at some other location.
    2.Now they constructed appartment with 3 floors and 3 apts besides each other front and on the base or sellar they kept one more falt .
    3.They said they will give this down flat or sellar as my dads property. I came to know that there is no value for the ground floor and there is no plan approval for the ground floor
    4.What action should I take. When I contacted legal advisor they asked for the any proof. I have only one proof where they took my dad signature forthe plan approval at MRO
    5.My question is do m y grandmother as more authority over my grandfather property or his sons
    6.if it as how to get my dad equal and valuable share.How to start on this..

  53. ISmail says:

    Hi,
    i am a muslim boy,
    I need some information on my grandfather’s property disturbution ( Islam law ).
    My grand father had a property.In this they are 8 daughters & 5 sons. In the 8 daughter one of the daugter is died after my grand father’s death. So can i claim for my mother’s share.and wat will be the percentage of distribution.
    Please revert at the earliest..

    Thanking you

    Regards
    Md Ismail

  54. Santosh Rao says:

    Sir/Madam,

    There is a parcel of land of around 5.5 acres in Bangalore, which has been converted to a layout of around 70 sites. Most of the sites are sold and around 20 are occupied for almost 10 years. I am owner of one of the houses on these sites.

    The sellers family of 5 brothers & mother sold the sites and signed the sale deeds for all sites. The father (original owner) is deceased. Now a daughter has filed a case as a claimaint and asking for her share. The court has appointed a Court Commissioner to perform the division to provide the daughter share.

    Request for input and advise as to how the Court Commissioner will go in performing the division, what are the rules laid down for, can you point to any references in terms of law guidelines, rules, judgments etc.

    Really looking forward for your advise.

    Regards,
    Santosh

  55. HIREMATH says:

    my father passed away without will. we are 8 stake holders (self, my mother, my brother and 5 sisters. my brother has legally taken their share of the propoerty in his name since i was aborad. he is having now 6/8 shre of the property. kindly advise how do i get equal share

  56. Rishad says:

    We have an ancestral property which is currently in the name of my uncle (My Fathers brother). The same was made in my uncles name post obtaining no objection from my father and his other brothers and sisters. This was done some 20 years back as the property was in the name of our very old ancestors of whom my father and his brothers and sisters had less knowledge about. My father died ten years back and wanted to build a house on this ancestral property. The fact that he wanted to build a house is known to all my fathers brother and sisters. I am actually not aware if partition of property has taken place(I just know that it is in the name of one of my Fathers brother).

    I have the following questions

    1. What is the difference between making a property in someones name and Partition of the property. How can i find out if partition of the property has happened or not.

    2. Do i and my brother sister have any right in the property which is currently in my uncles name knowing my father is no more and he wanted to build a house on the property, this fact being known to all his brothers and sisters(including the brother in whose name the property is in.

    3. if the partition of the property has taken place(i am not aware). what rights do i have now.

    4. I intend talking to my uncle(fathers brother) seeking his permission to build a house on the property which is currently in his name. What if he refuses.

    Please advice. Your advice would be highly appreciated.

  57. harpal says:

    My name is harpal my father passed away and recently my grandfather also passed away . he owns a flat in new bombay . my dad has two sisters and boht of them are now trying to sell the property and take the money out. legally speaking we should also have some share. how can i stop them and claim the share ..plz advice

  58. Gaurav M says:

    My Grandmother died in the year 1999… she had a property which she succeeded from her parents being the only daughter. My grandmother had two sons and three daughter out of which only one son and one daughter are survivors. we had a mutation done few years back which states that there are three heirs – First, son / Second, daughter(My mom) / Third, Deceased son’s widow + one son + one daughter.
    Now my query is that -
    Q1. Is the mutation i.e, change of names in the Municipal corporation from my grandmother’s name to three heirs enough to sell the property individually or alternate papers need to be done.
    Q2. Since my mother is also a heir but no other papers are there other than the corporation municipality mutation papers … can we still claim to that property even after our mothers absence.
    Q3. what are our options if the family of my deceased uncle are not willing to go ahead with the legal registration of the property.

  59. Satguru Baba says:

    My faher died in 1962 without making any will & had two marriages. The property was made by him. His first wife died in 1950 and he married again in 1951 with my mother (died in 1998) . From first wife he had one son & one daughter both died leaving behind 2 sons & 2 daughters each. From second wife we are 3 siblings(2sons, one daughter) out of which one brother died in 2003 leaving 3 sons all adults. Now I am 62 years & have one sister(60 years).Who are the heirs? What will be share of each heir in the property? Please help me.

  60. KRISHNAN says:

    Sir,

    I have married a girl on Sept., 1988. My wife father has purchase a House after sold his father’s property. mY FATHER-IN-LAW expired on Feb, 2011. Now, my brother-in-law told if my marrriage held on Sept.1988, my wife is not entitiled any share in her father’s property. pl. advice.

  61. dinesh says:

    HAi….Am Dinesh From Chennai… My Grand Mother has 1 elder Brother and 1 elder sister.elder sister died 2 years back…and that elder brother was married to elder sister’s daughter…fortunately they don’t have kids…he have an immovable property worth 30 lakh in chn. but he was died 1 year back… his wife have 3 brothers… now that brothers planned to sell that property and share the money with themself. was there any rights for my grand mother to claim any percentage in that money…or to file case against them in the court…
    Pls kindly answer…

  62. Ketan says:

    If a owner is died leaving a his wife(widow-nominee)and his daughter recently she got married and she is shiofted in U.S. so what is the procedure to sell the flat legally as early as possible as due to marriage of her daughter also she(widow) is in debt.

  63. My grandfather was died in year 1997
    then the agriculture land was distributed between my father and His big brother,
    but no legal paper were made only promices taken like this part is yours & this mine,
    and the NA land which was not distributed properly now my father’s bro my uncle has done he has made papers of that NA land on his wife’s name
    and agriculture land’s papers name on my Grandmother’s name without tlling anyone..

    so how can my fathet claim on that
    and get the land of his own right

  64. ankush garg says:

    if a hindu female dies then who will be legale property hire
    husband or son & daughter

  65. Ceelia says:

    Is it correct that after the death of the last owner of undivided family property, if there are three heirs who knows about the death of the parents, each one should put forward their claim within a period of 12 years? and that after 12 years a person cannot make a claim if the property is sold after 12 y3ears?

  66. This is a property matter. says:

    My father died without writing a will. We don’t have any ancestral property, only house which my father earned. We are two brothers and two sisters and my mother. We had paid huge dowry for my sisters marriage. Now my mother wants to distribute the property among us.
    1) I heard according to Hindu tradition, if we give huge dowry for girls marriage then we can give very less share in the property (around 10-15% each girl) as compare to boys(30-40% each boy) . Is it true?
    2) Now how should be the property divided — into 5 equal parts (including mother) and mother can give her share to anyone whom she likes.
    3) My mother wants to distribute the property as — 40% for each boy and 10% to each girl. Can she do this?
    4) Can the whole property be transfered to one son?
    Please help.

  67. Raj says:

    My father died 14 years ago,
    within how many years we should register the property to our name (we are two brothers)
    We heard from our neighbors… within 13 or 15 years from the death, we should transfer the property to our name otherwise it will be taken over by government or it will become problem to register later on. is it correct?
    and within how many years (from the death of my father) we can transfer the property? is there any time limit?
    Can you guide us…

  68. Ashu says:

    Hi,

    My NANA / maternal grandfather (Father of my mother)died intestate in 1976 in Bihar. He had two daughters(one my mother)and a son(my Mama). None of them are alive now. The other daughter and her husband has also died some years back. They were issueless. The son’s only son has permanently settled in Australia since 1985 and has never returned to India since then. Now, my Nana had some immovable property in Maharashtra. We were aware of the property but never bothered to get it transferred to our name till recently when i was informed that i should claim it else it may go to Government.I found out that some property has already been sold out(possibly by Government since it is very old one)Since i stay in Uttar Pradesh, please let me know how to transfer this property into my name and to stop from going it to Government as there has been no claim whatsoever since 1976. The concerned Talathi was of the opinion that a court order stating i am the only surviving legal heir is required. I want to know will a court order from U.P state would suffice or should it be from Maharashtra state ? Also let me know the contents of the court order. Is there any other formality also that i need to do ? I do not have any ration card, driving licence establishing the relation between me and my maternal grandfather.
    Please provide your coordinates for customized services.

  69. anil says:

    in case of friends family his brother expire interstate without living will ,now he left brother’s ans sisters,wife and father but not having issue , his mother predeceases HIM , SO how WILL property devolved in legal his heirs , pl let me know how and in what share?

  70. my grandfather (nanu) (my mothers father) had a farming land around 24 acres in a village. he is no more now and has passed away even my gandma also has passed away. he had 4 children one daughter (my mother) and three sons (my mamas). now even my mother has passed away. just want to know whether i can get share of my mother in this property and if yes what shall be the ratio of share in the property along with my mamas. i have an elder brother even.pls help me out.

  71. jd says:

    My grandfather died without making a will….i want to know can my grandmother make a will of my grandfather’s property.

  72. visha; says:

    I live in India.My grandfather had three sons. During partition family, my father was given a house to live. The house was in the name of my grandfather and he told my father that he has named my father as on owner of this house in his will and showed him the will but didn’t give him the copy of the will. My grandfather used to live with my uncle until last year when he died. After his death when we asked the copy of will from my uncle, he has been reluctant in giving the copy of the will.I doubt he could have done or made some modifications. I want to know that what are the legal chances to retain the house if he according to the will,my father is not the owner of the house?

  73. nk says:

    my brother was recently expired,we have the common property,my mother lived in that house,and my brother not having any children,and they having another property with my brother name,the people were asking the share in my fater’s property..pls suggest

  74. suman says:

    we are four sister and four brother to my father of a Indian Hindu family. My father made lot of property during is regime and made all the properties in the name of my mother in order to avoid share in the property to daughters after his death. We four daughters are married to middle class family and given one sites and which is registered in our names to avoid dowry. Now their is a huge gap between our family and our brothers in property wise. our brothers refused to share our father properties . During my father alive or my brothers did not help us in any way after our marriages. Now can we claim share in the property of our father that is in the name of our mother.
    one more thing i want to bring this to ur notice is while registering the site to us they took signature from us ( 4 sisters and my mother and one brother) and they mentioned in that apart from this we don’t have any rights to my fathers property. more over rest of my 3 brothers have not signed. frankly speaking we sisters didnot know that how much my father is having while registering the site in our name.
    what i want to know is can we claim for the rest of the properties which they are dividing among themselves.
    can i bring stay order, because they have cheated us like giving only a one site for daughters and taking 20 each sites to themselves
    please advice me in this regard
    Suman says:
    December 17, 2013 at 3:43 am
    1. each brother will get 20 sites, dimension 40 * 80 .
    2. we have big complex with 30 shops and 2 offices for rene, right now mother is drawing rent worth of 2 lakhs from that.
    3. w 60 * 60 house my mother and my younger brother living .
    4. 1 acres land in value worth of 5 crores.
    5. apart from this they have made property from their own money.
    we didnot know all these while registering that single sites in our name.
    so plz give proper guidence and advice
    actually we don’t need equal share , atleast 60:40 share.
    thanks in advance

  75. Dear Sir,
    My friend Mr A age 60 yrs has asked me that his father has died when he was very young as age 15 yrs and mother died may be 8 years ago.Mr A has 5 sister and he is the only son so he build the house on the land which was in the name of his father but on record one sister has no name.means only 4 sister and Mr A has the name on the land record. he has made power of attorney in his name with the signature of his 4 sister for selling the property without the signature of his one sister whose name is not present on the land revenue record because she is not co operating even though Mr A ready to give her proportion as per market rate of land. Can he sell the property without any difficulty? If no what is the solution? and If yes , whether that sister can sue him afterwards ?
    Please give me detail solution like how much time he has to wait for sell the property or right now he can sell the property.

  76. hiran says:

    My friend asked whether he would be the only legal heir of his mother property or his father’s 1st wife’s daughters are also legal heir.his mother is the 2nd wife of his husband and her husband has 3 daughter from first wife and first wife died long time back.

  77. this is a question related to a property situated in west bengal, india. It is my grandfathers (self acquired) property who died and did not leave any will. My grandmother and his parents pre-deceased him.
    1) I wish to know whether only his sons and daughters are immediate successors or whether his grandchildren from all of his sons and daughters also has a share of the said property as per the laws of west bengal.
    2) Also, my grandfathers eldest son took upon himself to divide the property amongst the sisters and brothers in equal share. However, one of his brother had died (after my grandfathers death) leaving behind one wife, one son ane daughter. So, the deceased brothers share was divided into two parts i.e. between the widow and the son leaving out the daughter. Mind you, this was done not by my grandfather whose property it is but by one of his heir who was eldest in the family. Thus the property was divided between all living brothers and sisters (as the case was then ), a widow of the brother and her son i.e. one grandchild.
    My question is – can the deceased brother share fully be given to his widow in toto and not to her son. Since no will is involved and the division was done by the eldest heir himself, can the division be changed and made totally in favour of the widow of the brother.

  78. Sumeet says:

    hello sir
    my father died in 2007 and he left no will. he is left with my mother, my grandmother, me and my sister.
    firstly, how the property will b distributed?
    secondly after the death of my grandmother what will happen to her share if she left no will?

  79. Mű óta Shankar says:

    I had a brother lízing ön Rent in Mumbai.He passed away without referens It in his will.The property Was brought by me in 1956.There are 3 living brothers and two dead.How the property can be disposed by the content of the land lord.Istayed tere for about 20 years and álló ered my brother to stay Who died.Who are the Heirs for the House ?

  80. C M Kutty says:

    I have purchased some land with my hard earned money. Since at that time I was a bachelor, the property got registered in my father’s name. Now my father and mother died and there is no will also. My younger brother is asking share of this property purchased by me. His plea is that since the property is in father’s name, it is to be dived amongst brothers and sisters. In case he is not willing to sign the papers for registration of this land in my name unless and until I give him some share of this land to him, is there any rule that it can be registered in my name, being elder brother ignoring him and his unwillingness to sign the property papers to get it registered in my name.

  81. C M Kutty says:

    Is there any rules/section stating that elder son of deceased father and mother can the property purchased by the elder son and registered in his deceased father who ded intestate. Is this to be shared to all brothers and sister

  82. C M Kutty says:

    Since father and mother died intestate and in absence of a will, property purchased by eldest son and registered in the deceased father’s name, can be taken back by eldest son without giving any share of this to other sisters and brothers. In case any brother is unwilling to sign the registration papers for registration of this property in elder brother’s name, can I ignore other brothers and sisters and get the registration done in my name alone

  83. a b mahadik says:

    My mother had aquired flat from her superannuation benifits for rs 1,50,000/ in 1994 we sold the flat for rs 3,00,000/ from the sale proceeds my sister was given rs 1,40,000/ &iwas given RS 1,30,00/ we both purchased plots we then gave the plot to the developer who offered us 3 bhk flat without any monetary benefits.the agreement is jointly registered in the name my mother &me after my
    mothers death my sister is demanding 50% share in property.
    is she right in her claim?can she demand 50% share from my superannuation benefits? pl help

  84. chanda dhoble says:

    Chanda says:
    Dear sir,
    I want your legal advice in the case mentioned below.I had married to yeshwant and having a one daughter. but due to certain circumstances yeshwant died. before the marriage his father has distributed the property among the sons. and some property he has kept for him for survival. now i would like to ask one question? that is who is owner of the property.The property is named on her husband.

  85. SANAM says:

    I WANT TO ASK A QUESTION THAT IF A WIDOW WOMAN HAS DEAD THAN HOW HER PROPERTY DIVIDES WHICH IS HER OWN PROPERTY…………REPLY MUST

  86. I am the only son of mother and father. My father had died when I was 10 years old. My mother remarried after 4 years after my father’s death. There are no issues from my mother’s second marriage hence I do have any half brother or sister. My mother has expired recently. My questions are as follows:
    1. Am I a legal heir to my mother’s movable& immovable property?
    2. Who has a better claim for my mother’s property
    i. Me ii. My mother’s second husband.
    3. Can I be deprived of my claim for my mother’s property?
    4. As my mother’s title had been changed after her second marriage and it differs from my title, can it be a reason for debarring me from my mother’s property.
    5. Is there any law in Hindu Succession Act 1956 (2005 amendment) stating the preference among me and my mother’s second husband ?

  87. Jaya says:

    Sir,
    My father transferred one inherited property to my sister in 2004. In the same year he sold another inherited property to a third party. My question is whether he had the right for such transfer or sale without my consent as the properties where inherited and not self acquired by him and during the time of transfer/sale, I was major.
    As I knew this fact recently after death of my father, whether I can file a suit for cancelling the transfer/sale and claim equal share in those two properties.

  88. Mohit says:

    Pls reply
    A has died without will and had one wife and 9 son out of which 3 son died and wife also died and before death he write will and name her share on one of his son and son leaving in home last 30 years and i would like to know how much share other will get or they are entitle for there share or not

  89. We are Hindhu from Karnatak, parents died,with 2 elder duaghters(with 1 each child) and 4 sons(with 2 each child), Father made a will not registered about 20 years back, when all sons were not married, only daghters and elder son was married.
    As per will 8parts to make, 2 each for daghters(4parts), 1 each for other 4 sons(4parts), for which we are not agreeing as property should be equally divided, as all daguters were maried and finacially much well off than us, not helped parents in any way and also when the will was made we were not maried and all the grandchildrens were not born. can we get justice, why we need to pay more share to the well off females? As for equal partition females are not agreeing.–

  90. We are Hindhu from Karnatak, parents died,with 2 elder duaghters(with 1 each child) and 4 sons(with 2 each child), Father made a will not registered about 20 years back, when all sons were not married, only daghters and elder son was married.
    As per will 8parts to make, 2 each for daghters(4parts), 1 each for other 4 sons(4parts), for which we are not agreeing as property should be equally divided, as all daguters were maried and finacially much well off than us, not helped parents in any way and also when the will was made we were not maried and all the grandchildrens were not born. can we get justice, why we need to pay more share to the well off females? As for equal partition females are not agreeing.– any solution.

  91. my aunt was died when she was widow and as she did not have any issue there are nobody to claim her own made house.who will be the owner of that house ?

  92. ramu says:

    I have a query regarding my grandmother’s ancestral property? (Acquired property through her husband died i.e. grandfather, which inherited forefathers property)

    My grandmother (widow) has no children and she has adopted legally one child from her brother. (Adopted child is my father). My grandmother transferred her property to my father through adopted deed.

    • Now the query is My father is acquired aforesaid property through the adopted deed, The said property is Ancestral Property or Self Acquired Property to my father, he got it from his adopted mother.
    • Both my father and mother are alive and my father has no job and sitting idel. My father has 3 sons and 1 daughter, all are married & Daughter got married in 2006.
    • Is there any legal right to my father to execute gift deed major share (lion share without consent of other children) the said property to his 1st son?
    • My father made a gift deed on the name of 1st son (at the time unmarried), the gift deed was registered. Is the deed made by him is valid?
    • My father made a gift registration of major share property on the name of his 1st son without any the consent of his rest of the Children (All are major). Is it valid?
    • Is it legally valid? My 1st brother is not showing the gift deed and my father has also don’t have any copy of gift deed.
    • My brother has constructed house not only in his gifted land but also he has illegally extended his house unshared land and later he throw away my father and my mother from his house.
    • After some years, he has purchased adjcent house land with mortage of his house, which was constructed on gifted land and illegally occupaid /unshared land?
    • If the said gift deed null and void, Can my brother has any right to purchase land against mortage the said gifted land?
    • Can we take any legal action against my brother because he has executed gift deed against my father’s own interest, he has not showing the gift deed and how, when the gift deed has been executed? He has not only enjoying the property but also doing business with the mortage of the said property.
    • Can my brother has mortage the said gifted land?

  93. My faher had two marriages. The property was made by him. His first wife died in 1972 and he married again in 1979 with my step mother. From first wife I had one son only. From second wife had are 3 siblings(one son, & two daughter) all are adults. Since my father staying with second wife. I am, son of first wife, and living out side, Who are the heirs? What will be share of each heir in the property? Please help me.

  94. akash kumar says:

    My father died in 2010 intestate leaving behind my mother, my unmarried brother and myself. I am a married person and have two kids (a son and a daughter both are minors aged 10 and 3). My query is whether my wife can claim any right in her father-in-law’s (my father)self-acquired property as long as I am alive and if I happen to die leaving behind my wife and my minor kids then can my wife and my kids will have any right in my father’s self-acquired property .

  95. sir
    my daughter just marreid on 23rd january 2014
    unfortunatley in a road accident her husband doied on 1st february 2014 in u.p.
    he purchased ahflate in noida in that allotment letter first name of my daughter and second his own. as cooapplicant. now as per succession act schedule 1 his mother is also have right in his property. can yupu clear it. the mother and father of the son are well setteled and have govt. job. plz help me as soon as possible.

  96. sushma says:

    if my father expired 22 years back without any will. can this property be transferred in my name after 5 or 6 years or after her death also can we transfer this property in our brother name.we are 3 sisters

  97. Surendran says:

    Dear Sir, My grand father and his 6 siblings have a joint property, the property partitioned after death of my grand father among them as it is a Tarwad Property(as Marumakkathayam) including all the children and grand children of female siblings.leaving 1/30 share to us. Please clarify whether it is done correctly, or we are entitled to get 1/7 share.

  98. Sachin Vora says:

    Dear Sir, my grand father purchased a property in 1976 of rs 5500.He was died on the same year 1976. my grand mother had also died in1990. He have 5 son and 3 daughters in which one elder brother and one elder daughter is died. my father is younger one and he had possession of these house since 1976. when house was purchased there are only 2 room , now it is off two floor biilding whose full construction is done by my father. currenyly we are doing process to transfer the house in my father name but only his one brother is taking objectiom.

  99. Sachin Vora says:

    Dear Sir, my grand father purchased a property in 1976 of rs 5500.He was died on the same year 1976. my grand mother had also died in1990. He have 5 son and 3 daughters in which one elder brother and one elder daughter is died. my father is younger one and he had possession of these house since 1976. when house was purchased there are only 2 room , now it is off two floor biilding whose full construction is done by my father. currenyly we are doing process to transfer the house in my father name but only his one brother is taking objection. my father have bear all the family expenses

  100. tanu says:

    Heloo,

    I am from himachal pradesh, and we are living here from past 20-40 years we have land and a house there.actully this property is divided into two parts one is my father and second one is my father’s uncle(chacha).His uncle is not living with us he was in chandigarh from past more than 40 years.he never come to there to meet us or regarding his property.We are not in connection with him.In 2009 he left(dead), but now after 3 years of his death one lady came to us and saying she is his wife but as my my father knows my chacha was living with his siters.For his he clearlly mentioned that there is no family members who is eligible for pention.But there is no bill for his other property.But now this lady come with the marriage certificate.Then help me to solve this case…

  101. tanmay says:

    Sir my friends father died 6 ago his father has two wifes. His first wife was having two sons which died and second wife is having 2 childs who are alive please tell me how will property will be divided according to succession act

  102. The agricultural property of my Grandmother (which is more than 75% of total property of her)is distributed by her in her life time, to her 2 sons & remaining 25% (i.e.one old house) which is not distributed & still on her name can be distributed in the same way after her death when their is no will/or any documents available.
    Pl. Let me know

  103. Your Name... says:

    A very detailed and helpful information.Thanks

  104. SHRIKANT.B.GODI.
    15 MARCH 2014.
    Dear sir,
    My mother lodge the case in the year-2011 against her father property,he died around 25 years ago we hope will get 1/3 share, but recently we received judgement as 1/9 share why? please reply as soon as possible.
    Thanking you,
    Shrikant.

  105. SHRIKANT.
    15 MARCH 2014.
    Dear sir,
    My mother lodge the case in the year-2011 against her father property,he died around 25 years ago we hope will get 1/3 share, but recently we received judgement as 1/9 share why? please reply as soon as possible.
    Thanking you,
    Shrikant.

  106. Manish says:

    My Grandfather had a son (my father) with his first wife and after her death he married again and had four children with his second wife. Now my grandfather and step grand mother are no more, so how will the property be divided?

  107. Your Name... says:

    Thank u sir… I’m happy about vakil no.1. It takes too time to read books but now i’m reading e.books at vakil no1 within 5min ex.i have read the special marriage act with in 5min.the whole act now i’m practicing as a junior advocate i’m getting more and more knowledge with the help of vakil no1

  108. T.V.S.Manyam says:

    Is there any way to avoid to distribute the share to the surviving mother in the property of the deceased son who got property from a partition deed and also having wife daughter??

  109. Gururaj says:

    My father had elder daughter and two sons. Father had a house and he expired 4 months back. Is it necessary to change house to mother name? Can it be in Father name until mother exist and then we 3 can have equal share?? Is mother eligible to right Will?? All 3 are married and have minor children.

  110. You have shared some in-depth information about property distribution. Thanks for sharing.

  111. D.De says:

    My father died on 2007. We are Two brothers and one Sister all are matured and married. The landed property is in my father’s name. I being the eldest son shouldered responsibility of the family and constructed (2001) a building on the said landed property of my father.
    Can my brother get the property written in his name by infuencing my mother? What are the safeguards? I wish not deprive my brother nor do I myself want to be deprived of that property. Please advise me.

  112. mohneesa says:

    I need to ask that my parents were in trouble in the year 2004 and had to sell their property as their son was not taking care for them at all. At that time I was in search of buying my own house, they requested to pay whatever market price for the same house and transfer that house in my(daughter) name. at that time they made agreement of GIFT instead of selling the house by taking all money legally by bank account. and as I am a daughter and living abroad, allowed them to live in the same house as care taker as they are old and do not had any other place to live. I paid full amount. Since last year the house price gone up and my parents and my brother forcing me to take the amount what I paid at that time and transfer back that house and buy my own house as that house belonging to them. and threading me to go legally as parents are living in that house. The house in in major city of India. Can you pls. advice me on this.

  113. A very good and informative post. I have gone through all the rules that you have explained and found is very useful for me.

  114. lokesh says:

    sir i and one of the daughter was the foster childrens to oour foster parents .our foster parents dosenot have any own childern except we foster childerns . we dont have any records to prove has adopated childrens. iwas born in 1967 my foster parents made WILL register deed on 1983 in my name mentioning WE ADOPTED A BOY NAME “L” and all their self acquried propery should go to me (“L”)after their death.my foster father has died in 1993. and ONCE AGAIN my foster mother made her self(aquired property ONLY) , for me by GIFT REGESTER DEED.SHE experid on 2012. now one of the foster daughter childrens asking equal sahre in whole propperty of both my foster parents. my question is that foster daughter after marrage and well seteled with their childern have any rights in the foster parents property please guide me ?

  115. Very helpful information you have shared. You have explained each & every rule very clearly. This blog will be proved much helpful for the advocates.

  116. Abinash says:

    Sir,

    Thanks for the immense help. I have one more query in which the situation is, My mother passed away and she had inherited plot from her father( the part ion has not happened til now). After partition who will be the legal heir of the property.

  117. I need to ask that my auny died 8 years ago and later my uncle married for second time to a divorcee with 1 son and uncle died 5 years after second marriage. my uncle has 1 son and 2 daughters from first aunty. My uncle has ancestoral 5 acres of land. so how will the property be divided among them. My uncle also own a house which he bought. kindly let me know how will the property be divided.

  118. avinash says:

    A DIED INTESTATE. HE IS SURVIVED BY WIFE B AND SONS C,D,E F
    AND ONE DAUGHTER E. AFTER THE DEATH OF A THEY ALL SAID TO GIVE RELQUINSHEMNT DEED IN FAVOUR OF WIFE B. THEN THEY WILL DEVIDE THE PROPERTY AMONG THEMSELVES. BUT AFTER GETTING R DEED IN HER FAVOUR B CHANGED HER COMMITEMENT AND SAID THAT NOW SHE IS OWNER OF ALL THE PROPERTY SHE WILL DISTRIBUTE AS PER HER WISHES. AND THERE WAS UNREST IN FAMILY AND SHE GAVE ARBITERALY TO SON WHO WAS MORE CLOSE TO HIM AND NEGLECTED OTHERS.

    MY QUESTION IS WHEATHER B IS NOW OWNER OF ALL THE PROPERTY.
    THE B IS OWNER BY VIRTUE OF RELEQISHMENT DEED NOT SELF AQUIRED PROPERTY. HOW CAN SHE DICTATE HER TERMS FOR DIVSION.

    IS THERE ANY LEGAL REMEDY FOR THAT INJUSTICE.

  119. zohra israil says:

    my father was a hindu .i married a muslim. my father died in 2012. my mother and 2 brothers r there…my father died in a accident..leaving behind property without will. do i have a share in it..what r the formalitties to be done….

  120. plz help me says:

    hi,
    can u plz help me? my property is in my grandfather’s name , i hav done the deed of succession, the inventory proceedings and even the mutation with publication on local newspaper and with no objection but my mutation’s last step is heldup due to election duties . so plz tell me whether i can sell the property and then put my name in form I & IV. plz rply soon plz

  121. Rajiv Kumar says:

    Dear Sir,

    I was divorced after 12 years of my marriage. From this marriage I have two children who are staying with their mother. Now i have been remarried with a lady who has two kids. I want to make my will. Please suggest :-
    1. If i want to give my some property to my real children, Is it possible ?
    2. How much right of share my second wife and her kids have on my property.
    3. If I feel there is a treat of my life from my second wife, can I donate my entire property to any charitable organisation ? Please suggest

  122. Where ask my propertis query?

  123. RAJU SINGH says:

    My Father had died after 6 months of my birth. My mother remarried with my father’s younger brother after one year and they got three sons and two daughters.

    My grand father had 12 acres of land in his name and died 7 years back. What is the share rates of the land to me and to sons of my uncle.

  124. anmol123maha says:

    Sir
    My house is divided into 2 parts the upper portion , the lower portion , I have 3 sisters and a younger brother (total of 5 ) , the sisters are married . My father was in depression for 2 months and during time my younger brother made my father write on a stamp paper that the property was of my brother after my father’s death .even though the upper portion (where I stay ) was made by me.so is there any way that I can save the portion of the house that I made ? My brother had done no registry of the house yet . This is a case from uttar pradesh .

  125. very good knowledge we get by this method. says:

    very good questions and answers. we will get good knowledge by this method. th q vakil.com

  126. pardhan says:

    dear sir , my name is pardhan and my mother belong to delhi, my mom is died 1 year before and my maternal grang father is living, can my maternal grang father (nana ji)is make a wish and not give share of my mom to me, can it is possible or not wheren my mom is already died, pls tell me and help me sir, thanks

  127. trupti says:

    My father died on 2008. We are Two Sisters and one brother all are matured and married. The house- property is in my father’s name. because of some dispute in family my mother wanted to sell our property can you please suggest about distribution of property.

  128. ballabha says:

    sir, a land owner received 9 nos of ready built flat as owner share property from promoters.A sale agreement and a power of Attorney have been done between promoter and land owner. I have made a sale agreement with the land owner for a Ready built flat, which is owner share property as per their agreement.
    sir, shall I make registration with land owner?

  129. ballabha says:

    I have received the sanctioned order for House building in my name from my organisation. I am going to make registration/ sale deed in my name.
    (i)shall we make the sale deed in myself and my wife name.
    (ii) is there any reason for which my brothers will demand for the same.
    please guide me.

  130. Aryan K says:

    Hello Sir,
    My grandfather bought a property (plot) in his own capacity and died without leaving a will. My grandmother got the entire property registered in her name. After which she executed a Will before she died to her 3 sons.Dividing the property into three parts.She also had a daughter who had passed away and her son was to get money from her 3 sons as compensation. Sir, Now her sons have also died and myself and my cousins are enjoying the place.My father received the front portion of the plot with separate passages on either side leading to each of the back portions.My cousin has put case telling the Will is invalid. Pls help??

  131. Mario Allen says:

    Hello sir,
    if a man has a son with the first wife (deceased) and 2 daughters with the living (current) wife and there is a property on the name of the first wife, can the daughters dispute for an equal share on that property?

  132. Rinky says:

    If my parents die and we are 2 sisters (married) and father done a will of property for second women( no leagal marriage).Do we have any rights to claim that property or not?

  133. Gaurav Mehta says:

    My parents worked hard and made a house for themselves . I mean house is not ancestral.
    I am married for 8 years now . Can my wife claim her right on my mother’s property if I divorce her.

  134. my hier’s property Lot 14789 PCAD 757 IN CADAP-AGAN,DIMIAO,BOHOL PHILIPPINES 6305 ACLON -BALAGOSA CLAN MELECIO BALAGOSA MARRIED TO CLEMENCIA ACLON THAT ONE OF SON ANTONIO A. BALAGOSA MARRIED TO ESTELITA LUMAYNO GOT SON KARY L. BALAGOSA WHO’S APPLY PROPERTY ABOVE STATED WHO’S NOW CULTIVATING THAT PARTICULAR A PIECES OF LAND TOPHILL’S DECLARED NO NAME IN CADASTRAL SURVEY 1981 TO 1985 MY GRANDPARENT’S VALENTINE ACLON MARRIED TO AGATONA EGAGAMAO HIER CHILDREN CLEMENCIA ACLON MY GRANDMOTHER WAS NOT CLAIM PRESENTING COZ’ THE TIME CADASTRAL SURVEY ALREADY DECEASED THAT WHY NO CLAIMED FOR OWNERSHIP NOW GRANDSON WAS APPLYING WE PRESENT PURSUANT SECTION 5 PAGES 166 CAN WE OWNERSHIP WITH COMPLETE MY REQUIREMENT APPLYING LAND CONFORMITY OWNERS AS KARY L. BALAGOSA ADVISE CAN BENEFITS MY 30 YEARS CULTIVATING COZ MUNICIPAL ASSESOR WHO DID NOT PASSED COS IM 31 YEARS OF AGES APPLYING OWNERSHIP CAN AVAIL MY TAX DECLARATION TRANSFER NO NAME IN MY NAME AS KARY BALAGOSA NEW TAX DEC. PURPOSES HOW CAN POSSES ME MY APPLYING PASSESD ALMOST 30 YEARS CULTIVATION COZ MY AGES IS YOUNGER THIER REQUIRED BY LAWS JAW PROCESS SEE THE LAND IN MY FB. ACC’ LUMAYNO ROGER THE MT.KAUJONG TOPHILL’S I MEAN.. THANK YOU ONE HECTARES AREA SITE.. PLZ. ADVISE ME ACCORDINGLY…

  135. Hello Sir,

    I have following quarry for my sister’s maiden name MAHDA property purchased before marriage in Mumbai, and this property is under re development since 2007 but still it is not demolished.

    1)My sister died in Dec.’13 at Sangli Maharashtra state without making a will.

    2) My sister’s husband expired in 2011

    3) she don’t have her child, but have step son & Daughter in her family

    4)Is a step children are legal heir in her property from their step mother?

    5)Is her real brother & sister’s are become a legal heir in her property? if yes then what will be a procedure for claiming, please advice me so accordingly we go ahead.

    Thanks

  136. SUNDAR. M says:

    Sir, a hindu man of 34 years old has expired. He was an employee in am MNC. His wife is 24 years widow now. He married her before 3 years. She has no children now. His father is not alive. And his mother and wife are the two heirs now. The company want to share the death benefit to both equally but the wife claims total settlements to her. Should it be shared equally or Is there any percentage amount of divisions to both the heirs.

  137. ajit says:

    my father in law died instate. He was working in sail and 3 years service was left. If there is his old mother, his widow wife and only daughter, how his PF Gratuity and death benefit amount will be distributed among these three? Suppose total amount is Rs 100/-

  138. mgarg says:

    my husband purchased a residetial property on his mothers name and did not add his or my name , i have some issues with my in-laws due to which i dont want to saty with them. they are staying in there own house and house purchased by my husband, is veccant, so i want to stay in that house with my husband and two kids. my mother in law is not letting me to stay there. i am residing in rented house now. is there any way out so that i can stay in that home. plz advise somting.

  139. Anonymous says:

    can the daughters of a father who does not have any son disown the asset & liability of their father while he is alive or can do it legally before his death that they are unwilling to accept any of his properties?

  140. Anil says:

    My father ( C ) & his 2 elder brothers ( A & B )were staying together in a house & immovable property, A Has five son child & B has 2 daughters, while C has 2 son & 3 daughters. After the death of A & no will was made by him.The B & C demanded division of prpoerty from window of A but there are not willing to do division of house & property ? This is due to `A` five sons & showing muscle power. Also nobody is coming forward from A widow & 5 sons for discussion for partition. kindly guide how to proceed to get the property. All the property is in the name of A ,B & C except house which was ancestral property. Plz reply / clarify these ………..

  141. KAVITHA SEN says:

    My father decided to have his house( self acquired property ) promoted by a builder.
    Agreement was made in 2013 and the house was demolished and the promoter started building a multistoried building.
    My father suddenly died leaving behind my mother , one brother and myself ( daughter ).
    Now by brother and mother has approached be with a fresh draft agreement with three of us as joint owners.
    Question 1 : Can I Claim one third of the agreement made
    earlier ?
    Question 2 : Can I claim half of my mother’s share after
    her’s death ?
    regards / Kavitha

  142. Mohan says:

    Hello Sirs,
    My father constructed a house, in which My mother also had taken loan and contributed in building the house as she was working with state Dept at that time,now retired.
    I have a younger sister as sibling.
    Father passed in 1997 , my sister was married in 2002.
    I would like to know the share of each person in the property as of now(April-204)(mother is alive). Since I heard some different versions of the claims laid by married daughters for the property. Kindly Advice.

  143. Hari says:

    Dear sir,
    A has a property by his own. He has 5 sons(B,C,D,E,F).In which B is elder of all. whereas D and E are not married. Before A’s death he has written a will. In that will he has mentioned that the property shall be divided by all the 5 sons(B,C,D,E,F) after the period of D and E. Now D and E are still alive. whereas C is trying to occupy the property. But C has left the property before 20 years as he has got a separate house. D and E have been living in this property till now. But F is in support for D and E. However C is raising problems daily. His making lot of problem like breaking the door etc.. So we have given a complaint to police that he is indulging is criminal activities. We are ready to give the share(amount) as per norms to C. But still he is not cooperating to us. Can we approach Civil court for this or else what will be the best solution for this problem. C has already issue CAEVIT notice to rest of the people. The Ration card, all other credentials are in D and E address only. Kindly help me pls.

  144. ajay says:

    If an individual, married 2nd time after death of first wife, dies intestate survived by a widow from 2nd Marriage, sons daughters from 1 st marriage & son and daughters of 2nd Marriage.

    How the immovable property shall be divided. will be equal parts between widow, all son and daughters ?

    or will it be in 2 equal parts between 2 wives and then these parts shall be divided into son and daughter of their respective mothers

  145. A. Saha says:

    Hi,

    My grandfather made a property will in 1984 in the name of his 4 son and wife (my grandmother). My father expired in the same year, so my name and my mother name is written in the will as a successor. Now, both my grandfather and grand mother expired. We’re are planning to do a modification and divide the property equally. But my uncle is saying the will is not valid any more and we’ll decide on our own- He wants to take my portion and provide me with his portion. Can he do this? what kind of case I can file against him? Can property will be invalid in any case? Please suggest.

  146. Arun says:

    Hi Sir,

    I purchased few properties (lands) on my parents name.
    Is there a way through which I can stop them from selling those properties.

    Thanks,

  147. Uma Sankaran says:

    Sir,
    My husband died in 1999 and left a flat without a will.We both have done Grahapravesh for that house.It was his plot given to a builder and made into a supposed society and he got a flat with some cash.How to bring it to my name.I have got two daughters.I applied for succession certificate and it is still in pre-admission status.Tell me the way out to transfer that in my name.
    Thanks
    Uma Sankaran.

  148. Sylvia D'sa says:

    My husband died in 2010. Me as a wife & 1 son (23 yrs) are the legal heir to his ancestral property, which is divided between, Mother-in-law, 3 sons & 1 daughter, Now they are selling the ancestral property in Kerala, (46 cents), What is the % of cash that will be divided between both of us

  149. I request a legal opinion. Our biological father left us 27 years back and without divorcing his wife (our mother) got married to another lady having 4 children from her earlier marriages. Our dad have a son in this new relationship and he is now 25 years old.
    Our dad has almost lost his hearing capability and he is now 87 years old. We have just recently came to know that his new wife and her children has been successful in making him sign a WILL to succeed his properties and bank balance in their name. That means on his death all the assets will get transferred amongst this lady and her 5 sons.
    At this juncture, how can we (our mother and 6 of us) inherit succession rights of the properties belongs to our father ? request your guidance..

  150. UR SHINDE says:

    My father expired in Nov.2011. Our mother and grand parents expired long back of this.My father had 3 sons (i.e. we were 3 brothers, no sisters). Youngest son expired in Dec.2000 (predeceased son) his widow, 1 son, 1 daughter (now married) are living.
    I am eldest son of my father. However, before submitting our claim for Bank deposits, my another younger brother (who was elder to the predeceased son) also suddenly expired on account of Hepatitis B and his widow and two sons are surviving. Thus all grandsons,grand daughter of my father are major.
    I presume, but kindly confirm or else that the class I claimants would be as under:

    (I) Myself as elder surviving son

    (II)(a)Widow of my next younger brother who expired after
    death of our father (as he was live at the time of
    death of father.
    (b)Deceased son’s elder son
    (b)Deceased son’s younger son (No daughter)

    (III)PREDECEASED CASE:
    (a)Widow of predeceased son of my father
    (b)Son of -do-
    (c)Daughter (married now))of predeceased son
    Your kind guidance is solicited.

    Thanks & Regards
    UR SHINDE

  151. Mahesh says:

    My brother in law passed away for some diseases last month. He was stayed in rented house from last six years. Before 2 years his wife left him to bed. After death of my brother in law his wife came back to my mother in laws home which is owned by my mother in law. No property of my brother in law. He has three girl kids. His wife came to my mother in law’s place with the help of human rights lady. Human rights lady supports her. Now we are confused what to do. I read on the internet about Indian law for shares of wife and sons/daughters in husbands property, but there is no share in mother in law’s property. Is it true? What about kids of brother in law? My mother in law has 2 children over eighteen 1 son & 1 daughter at home. Now what to do? Please advice me.

  152. Raj Mehra says:

    Sir

    My grandfather died in 1978 he was having very big self acquired property & a family too; In 1975 he transferred some of the property through “DASTAVARI” to my father which is not registered & rest remain undivided between Four Uncles till date.

    Now my question is that :-
    1) Can I make a claim to whole of my grandfather property or only for that which is transferred to my father ?
    2) Can my father transfer his part received through “DASTAVARI” according to his WILL ( this question is raised because as it was not self-acquired by him )?
    3) Can I demand my share from my father under a right ?
    4) Can my children make claim; if yes then in which part of the property?

    Please provide solution with reference to sections.
    Regards

    Raj
    09783586063

  153. Hari says:

    My grandmother and my Aunt (Her daughter), the property was in their name, My father was the Nominee, his name is in Share Certificate, and now all are dead.
    Survivors are Myself, My Brother, My Mother, My Other Aunt (Her 4 children), and my deceased Aunts Daughter.
    Can you tell me according to Law what would each persons share

  154. R K Nanda says:

    Sir, Will made in the name of my wife and other children,forbids my wife to sell property, but if the will is in the name of my Wife only, Is she be capable to dispose of the property after my demise?

  155. Raju says:

    My Aunt is asking for Equal rights on ancestral property. As per law, does she have a equal rights if she married before 1980?? If no how much share she can claim?

    Legal heirs are – My father, My Father’s Younger Brother, aunt, grand mother
    Properties are in my Grand father’s name

    Things happened at below times-

    My Aunt marriage-1958
    My grand Father Death- Oct-1981
    My Father Death- Nov 1997
    My Father’s Younger Brother Death – 2007
    My Grand mother Death- May 2013

    Let me know if any other details Required.

    Thanks in advance

  156. Akash says:

    A person had two wife B and C . B had 5 children (3 males and 2 females) and C had one child name D (1 female).
    Property is at the name of A but without will. Now A,B,C and D are no more.
    That means only the children of first wife B (5 children) are alive.

    Please let me know according to law , how the share is being distributed among them and Who else can claim on this property ?

  157. Karan Rathod says:

    Sir, My Sister is a widow. Her Husband died 18 months back. He has some properties in his father’s name. He is survived by two sisters and mother. Now according to law she will be a share holder of 1 part. The question is if she gets remarried, will she still have a stake in the share from ex-husband. Please reply. Regards- Karan

  158. Raj says:

    Sir,

    My father-in-law had passed away in an accident in 2011. He is survived by my mother-in-law, my wife, my sister-in-law and my father-in-law’s mother (aged 94).We are Hindu -brahmins. My father-in-law has a sister, who had run away with a christian and never returned home. Father-in-law’s father had mentioned his son as the sole heir after death of father-in-law’s mother.

    Apart from inherited property, father-in-law had also built a house with his and my mother-in-law’s money. Now this father-in-law’s sister came back asking for 50 % share on both properties and was told she is not entitled to any unless grandmother gives her something. Grandmother was in protection of my in-laws, the last 30 years.

    Recently, father in law’s sister took her out on the pretense of getting some pension application signed and got her to sign on documents that proclaims her daughter as a heir of her share of both the property. Now, technically, she has gained a right and this can’t be revoked unless grandmother agrees in court. But grandmother is so scared due to her daughter’s threats that she wont testify in court and wont even believe that her daughter would cheat her into signing title deeds.

    My in-laws are willing to give the aunt 1/4 th of share of the ancestral property alone , but how can they prove that she has no rights on the other property? How do they deal with such a situation?

  159. Abhijit says:

    Hi,
    Requesting information and guidance on Property rights of daughter. We are two brother’s, one married elder sister and a mother in my family.

    My father expired in the year 2009. He made one flat in his tenure by himself which was on his name and when he was alive he made one affidavite in consideration with my mother that he wishes to nominate my younger brother after his death. He just made one affidavit for the same which he submitted to the society.

    My father made onother affidavit on which we three of us (mother, sister & myself) has made our signature that we do not have any objection on nominating the said flat to our younger brother without requesting any kind of share or benifit to anybody. However, according to brother he has misplaced that affidavit and he doesnt have any record or copy of the same.

    My mother is still alive. Now the issue is my elder sister and a younger brother has some disputes between them and now sister has send one self handwritten letter by post to my younger brother that he has cheated her and took her signature and claiming that at the time of taking signature from her he has promised her that he will give her some money as a goodwill which he still not given. As per my knowledge there were no such kind of any commitement either verbal or in writting.

    I wanted to ask a question that since my mother is still alive so does she has any legal rights after my father to decide and take a decesion to make a new affidavite or will and nominate my younger brother solely ? Also does my sister still has any right to ask her share in the said flat ?

  160. prasanna says:

    Dear sir,
    ‘A’ has a property (a three floors building/house) by his own. He has 1 wife (B) and 3 sons (C,D,E,). All are married. ‘A’ died without Will. B,C,D and E have been living in this property till now (in separate portions/floor). But deceased person’s wife (B) is living with his younger son (E). Now (B)died with a will that her share in the property in the name of (E)as he look-after her till death.
    Now my questing is “can ‘E’ claim his right given by his mother (B), as the property is still not divided and registered.
    * Land was in the name of A, and building is in the name of B.
    Please reply.
    Thanking you sir.

  161. D.B says:

    My paternal grandfather owned several properties in his village. He died intestate. He has 4 sons among whom 2 have died. Now his eldest son is saying that since the properties have not been transferred in the names of his sons, selling the lands are a problem.Under the laws of natural succession,wont these lands already be considered as property of the 4 sons.Will the widow and daughters get the share of property due to the deceased sons?

  162. D.B says:

    My father died intestate. Will the house which is in my father’s name be transferred to my mother’s name automatically?Or is there some legal procedures which we need to follow. Kind reply to both the above queries

  163. pratibha sonkar says:

    mere pati ke dada ki sampati me pati ke buaa ke bachhe ka kitna hak hai

  164. ruchi says:

    My father died without any will last year and we are two son and one daughter. I am his daughter and married also this property is my father’s own property. This property is in village. Please suggest along with my brother and mother will i get any share as my brother is disguising my mother by saying as this property is in village i will not get any share

  165. anup keshri says:

    problem is one man get two married and got 6 son’s. first wife have 2 and second have 4 son . what can do property division when both are death. propety are equal dived to his son’s or the property will divided in to two part of there mother.

  166. Ajay Naisar says:

    Hi Sir

    My uncle died, he dont have any children and was divorced. Can I apply for the ownership of the land owned by him???

  167. kirat says:

    We (my sister and I, the two children of my parents) are based in USA. My parents live with me for the last 10 years. My father purchased a flat in Delhi in 1981 and converted it to freehold in 2000.

    My father passed away in Aug 2013 and my mother is still alive and living with me in USA. The freehold property is in my father’s name. My father did not have a will. My Mother and I will be visiting Delhi in the next 15 days to process transfer of ownership of the property from my father’s name. We would like the property to be transferred in my mother’s name and I will be the beneficiary.

    What is the benefit, if any, of having the property titled in the name of my mother and I in either or Survivor format?

    There is no dispute on the property and my sister will provide a NOC to either approach.

    What are the pros and cons of either of the above processes? Please advise from the point of view of the process, required documentation, court fees, and how much time will it take?

  168. Sir,
    My father in law and my mother in law,, have 2sons and 1daughter. All married. My husband is the eldest amongst all. we have a daughter and my brother in law also has a daughter. My sister in law does not has any kids. Now last year they asked me and my husband to leave there house and stay on rented accomodation as they wanted the property to go under renovation. So we did. However I had a gut feeling that they r trying to cheat on us as only we were asked to move out not my brother in law. Also at the time when they asked us to move out, my mother in law was talking to my sister in law about chucking us out of the property.. This conversation was made by my phone so it got recorded with me because of a smart phone. And I heard it later on. My parents have always given them gifts and evrything they asked for. Now when we started staying on rent my husband used to beat me and abuse me on little things and it was going worst day by day. He doesn’t earns anything so I had to resume my career, (which I dropped after marriage, as my mother in law was unwell so to look after her). When my husband torture got on my nerves I walked out with my daughter. And filled a complaint in women cell. The case went for 4months and then everything was settled as my husband and his bua ji gave in writing that he would never abuse and beat me. And also will give me some contribution in household expenses. Since then his parents broke all relations with me. Though we still meet in family functions. But we don’t talk. Only my husband still goes to there house. Initially after when I came back my husband was fine for 2months. Now he has again started all these things. Does not gives any thing to me,, if I ask then he beats me. M only tensed about my daughter’s future… Will I get anything out his father’s property for my daughter. Because I know that he’ll never do anything. And also my parents had spent so much on my marriage and on the gifts after that,, now I can not ask them for anything more at all. I shouldn’t even think of doing that now. (My father in law has earned his property him self however legally its under my mother inlaw’s name), (currently my brother in law and his family and my father in law and mother in law, stay in that property.)

  169. sir,
    my grandfather had made a registered will in which he had equally divided all 3 floor of our house in favour of all 6 grandsons.But my father’s elder brother is having objection in this can he fight against a will….?

  170. sir,
    My father died in year 1998,and we are three brothers and a sister.after few years of death i found to know that ny name doesn’t reflect in any of the property related to my father neither in any khasra.There were only mothers name and all three brothers name reflects .I think my brothers cheated me and with the help of patwari and concerned land authorities they discarded my name and now they are not willing to give my part.Is it possible now also that i can make the authorities to include my name in the khata properties documents records.
    do give me the advice what to do so that i should get my name in as succession in khasra and khata .
    thanks sangeeta.

  171. Anonymous says:

    E

  172. Madhu says:

    Hello Sir,

    I appreciate your help here to all the legal advice seekers. Here is my situation.

    My father died 5years ago we are three kids me a son and two daughters, my dad always wanted to give me all the propert bucause he thinks gave already too much to my two sister when they were getting married as ‘dowrey’ but he died suddenly (heartattack). He started transfering all the properties one by one on my name but at the time if his death there are few more left. The rason for my dad wanted to give me all is i gave him lot of money when i was working in USA, whith which he constructed a house and bought few properties, now there is old property which suddenly got so much valued that my sisters are asking for share..my mother is my side and she also wanted to give me all of it (no share to daughters), here is the important thing which i need your advice on, when me and my mom went to MRO office to ask him about the options he suggested that as a he can transfer the land to my mom’s name as there is a law to do it and then after that my mom can transfer to my name at her will is this true and legal to do? if yes will there is a chance in future that my sisters can fight for it?

    2) I had sent so much money to my dad when he was alive (i have all the proofs banks transfers/deposite slips) will there be any advantage that i can claim all his property based on this?

  173. Rita says:

    Sir,

    Who is entitled to get my mother’s landed property after her death if she had no son? Father or her only daughters ?

  174. Rita says:

    Sir,

    My father has sold land which was in the name of my mother as per survey held in 1972 or so. can I get it back or resale if yes , what procedure should I adopt, there is a person who is ready to purchase those piece of land which my father has already sold to someone .I have no brother, my mother and father both have died

  175. My grandfather bought a place in his name and his brother’s name(equal share each). His brother died soon after that. Afterwards none of his descendants are in contact with our family for past 60 years.
    My grandfather died without a will. how shall we solve this issue and get this property divided among my grand father’s descendants. what is the legal way to approach this and solve the matter.

  176. sarveswar says:

    my daughter died six months back.We had given 3 lakhs dowry and 100 gms of gold at marriage time. Out of these 3 lakhs 2 lakhs was fixed deposited in her name and one lakh directly given to bridegroom. She is having two small kids. My son in law forcing me to give all the money and gold to him saying that he has legal right on it.but we are interested to liquidate the gold and put all the amount in fixed deposit in the name of the two small kids. please suggest me the correct legal procedure

  177. Roshan says:

    A Hindu man(Father) dies without will. he was having 1 wife, 2 daughters (married), a son (myself) and a grandson (my son). this propery was constructed on his (father’s) own expense. How will get what share.

  178. sandesh says:

    Hi,

    My Grand father elder brother purchased immovable property with the help of my grandfather and one another brother, but elder brother made all documents directly on his name..

    Now the situation is my grandfather, mother and other brother are died long time back, and both of them daughters who are married wants equal distribution of property but elder brother of my grandfather is denying the same..

    Now what to do in this case?

  179. sai says:

    Hi sir,
    I completed my b-tech in Hyderabad.
    My father is a govt employee who expired 2 months ago.
    He had two wives.

    First wife has two sons and second wife has one daughter(I am the first son of first wife).
    First wife has done mutual understanding agreement before I am 16 (i.e even before my 10th).

    Before death he has not written any will.
    He has one two bed house(25L),govt job,pension, fixed deposit 10L and all.

    Now all of this are claimed by his 2nd wife only because of the mutual agreement and all are not at all handed over to any one!!.

    Can you please tell me that If there are any chances that I and my brother who are sons of first wives get any part of the property or job or pension??????……
    Please just tell me if we can get any of it…
    thank you.

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  181. S.K. Syal says:

    My father-in-law died intestate leaving behind 3 daughters and a son, all married. My brother-in-law has locked the house. Now one of the sisters has filed case in the court of law for division of said property, other 2 sisters did not filed the case. will the court give its decision in favor of both one son and appellant daughter, without bringing the facts in the notice of other 2 sisters.

  182. Sriee says:

    My Family consists of myself ( daughter), my father, my mother, my brother who is married and has three kids ( 1 major and 2 minors). My father died and my brother also died. We have a land which is 600 sq. ft and it is in my father’s name. Now we are left with myself, my widowed mother, my widowed sister in law with their three kids. Since,we have some debts and also I want to buy a house, I am trying to convince my mother and my sister in law for selling the land. Sometimes they say Yes and sometimes they say No. How can I go ahead and sell at least my share, so I don’t have to keep depending on them for the sale.

  183. Sriee says:

    Its actually 6000 sq. ft in my above posting….

  184. Raja says:

    As stated in Rule 2: The surviving sons and daughters and the mother of the intestate shall each take one share.

    Please suggest the below query:

    As per TamilNadu Hindu Succession Act,1956,as amended by
    The Hindu Succession Act,1989;daughters have any rights in claiming equal share in deposits according to the Indian succession Act,1925(XXXIX of 1925)

  185. Rajan says:

    Hi,
    We have a residential land on the name of my mother. As she left us in 2012, i want to know in the time of reselling that plot do we need to have the signature of my dad? As my parents were not living together it is difficult for us (2 brothers) to get our dad’s signature. Please let me know soon any wayout for this problem as we dont want to contact our father. The land at the time of purchase was being purchased by me and my brother.
    Thanks

  186. Al says:

    Hi,
    My parents have long deceased and so too my bachelor brother & married sister and her husband.
    My married sister’s 3 children (2 sons & 1 daughter) are living but only her younger son is married and has a 1-year old child.
    My youngest brother & I (married with 2 sons) are residing in the property of our mother in Mumbai and Goa which is under my maternal grandmother’s name.
    Legally speaking, how should the properties be divided for a Catholic family if there is no will?
    Sincerely,
    Al

  187. mohan says:

    dear sir my grandfather expired in 1981 without succession of land transfer to other man ??

  188. Anonymous says:

    SIR my name is R Dubey my father name

  189. R dubey says:

    Dear sir, please help me i and my father is very poor i have not any house and no much money to bring a house .. my question is to u that my grand father recently had died but without will of his property after my father married of my father he live a rented house my father have 3 brother one sister and my father’s mom but now without my father permission they decided to sell there property … sir i asking to u have there any govd rules how can my father get a part of his property … plzz i request to all sir help about this matter without your support i can not do anything pllzzz sir think my matter help me

  190. My grand father died without will.Now what about our house.How it would be Distributed.He had 3 daughters all are married And 1 Son(My Father.Can you suggest what can we do of we want the house on name of my father or my brother??

  191. Divyesh says:

    Sir, I have one question about muslim law
    A father is died on 1995 and left her widow, 5 son, 3 daughter and all are come in record of rights
    then after 1 daughter is died on 2000 and her child entered in record of rights
    now her mother is died on 2013
    how can i do pidhinama

  192. ramesh says:

    Sir,my mother wants to make will in my name before her death,my brother is married and staying saperatly,my father alive, does my brother has right to claim the ptorerty after my mothers death ?

  193. SREENIVASULU says:

    Sir,

    I have completed my studies up to Diploma with the support of college lecturers and i have worked for some period in India. I got employment in DUBAI and worked from 1994 to 2000. All the money i sent money about Rs 4,60,000/-to my family(father+mother+ two brothers). My family members were enjoyed during that period and my father cleared all his loans and spent Rs 50000/- for my younger brothers’ studies and made different sale deed on purchasing lands on his(fathers’)name. Finally when i returned from Dubai for marriage and to look after the family. When i was jobless, my family members felt burden and made an un-registered relinguishment deed by paying 50000/- to me. My father expired on Nov. 2012 without making property partition. So my brothers + mother are not willing to give my share of property and trying to avoid me.

    Please advise me what legal action i have to take against my mother + brother to get my self acquired property and ancestral property share?

  194. mehul says:

    Sir,I would like to know the sharing ratio of property amongst three sons and two daughters of a ancestral home owned in kutch , gujarat.the property is srill in the name of my grandfather and his legal surviving heirs are as above except of one son who is pre deceased ie my father
    Please clarify
    Also I am rold by one of my friend that as per rules prevailing in gujarat daughters do not hold any rights in a fathers property, HOW FAR IS THIS TRUE, PLEASE GUIDE ME
    THANKING YOU

  195. manisha says:

    Hi,
    My father expired without making a will. Therefore his house (self occupied) and ancestral land got divided (on papers) in 3 parts. Me (daughter), my brother and my mother.
    My mother is staying in the house with brother. We both children have given our right on the house to mother, and signed on legal papers, which are also registered.

    Now regarding the land it is still having 3 co-owners (3 of us).But physical partitioning is not done.
    When i insisted on partitioning due to my bad relations with my brother, he started threatening me that he will occupy all the land and will not give me anything.

    What are the options with me except the legal suit?

    Also can he occupy/sell the land without my consent with any illegal means? like signing on my behalf etc.?
    Or can i be relaxed that he can not do anything with the 1/3 portion whih is on my name?

    Regarding house, can my mother make a will and donate this house? or my brother can still claim his share in house?

    Best Regards,
    manisha

  196. Dear sir

    My deceased father ( my mother’s second husband) left 02 properties one is a land and another a built house on his names , without a will.

    We are 3 siblings from my mother’s first husband. I have an elder brother and a younger brother , and I Am their only sister.

    My mother has jointly earned until 2004 along with my father (her second husband) and purchased these properties. They were scared of having these properties jointly on their names my father ( mom’s second husband) and my mother , in case my own father claimed any ownership on his return , and due to his fraud ways and life style.

    My father ( mother’s second husband) passes away in 2007 , due to a heart attack and was unable to make a will on my mothers name.

    My mother currently stays in the built house and wants to leave that house to my elder brother , who is not well off under my guardianship as she knows that I will be fair to his children in her absence. My brother is an alcohol addict and borrows money around and my mother thinks his money lenders may claim the house if it’s on his name and his kids would be left without shelter.

    She wants to make me the owner of the land , as I can get a house built when I need in future.

    As my youngest brother inherited a bigger property from my grandmother( my mother’s mother , still alive 87 years or so), and he doesn’t need a shelter , as rightfully my mother was the heir to that property.

    Being a mother she has decided on this without actually valuing the pieces of property , just that each will have a shelter of their own in bad times.

    My mother is actually looking after the family of my eldest brother , because he is doesn’t have a regular earning due to his bad addiction habits.

    My mother wants to know what is her right : share to the property left to her by her second husband.

    Do my brothers have any rights to this property at all , not being the real children of my deceased father . My real father was a Christian and my second father was a Hindu by religion. Also the names on our birth certificates is of our real father whereas our school certificates where later changed to have my second fathers names.

    I just want my mother to happily take any decision that she as mature person wants to take especially keeping in mind who looks after her etc., and I don’t want to interfere in any decision she would like to take as an individual. She is 64, and takes tuitions to earn a living at this age too and is continuously harassed mentally by my alcohol addict brother who does not let her have proper rest etc. After drinking everyday and loud noises in the house where she stays in a part above in her husbands house ( from second marriage ) , he also keeps threatening her as to he will see who throws him out etc. While my younger brother instigated by his wife too wants a rightful share on both the properties saying I , as a sister and by the law have no right on the property at all.

    In this light I see my mother suffering and mentally tortured to fight for the property that rightfully belongs to her after her husbands demise , cause she worked all her life ( documented evidence as a teacher in the gulf ,until 54 years of age ) and without proof i.e. Started taking tuitions for survival for the past 2-3 years. I do send her money occasionally as I am residing overseas in the Gulf.

    In one word , I do not understand the legal terms but believe that she has earned all her life , to bring us up , does all this property not rightfully belong to her , as her hard earned money ? Why can my brother 44 & 39 year old , ask for a share in rightfully something that belongs go her ?

    Please help and let me know.

  197. Suresh says:

    Hi Sir,
    My Father constructed a house with two floors in Tamilnadu,i have a younger brother, Now we have to divide the house, please advise who will be having the ground floor and who will have the First floor,I always wanted the Ground floor since I believe my Late Mother still lives in that house.Request your valid advise sir.

  198. kirti bhai says:

    Respected sir, one of my married brotherhas been given immmovable property, from fathers property, now cash has to been given to hm from fathers property by , I . . property value 3500000. Thirty five lakhs, now , earlier 3lakhs given 8yrs.back which is now the upper mention value. he put 3 lakhs himself for repair how much cash value should be given now. the share which is equally to be shared in fathers property is 2800000 28 lakhs .is he entitled for the cash share. Or be left out . the thorneor the hurdle is the 3 lakhs. he spend. Pl. Assit what could be done.

  199. nazima says:

    Dear sir,

    My grandfather died before 5 years. He married two ladies but after 1st lady death that is before 24 years. Now the first grand mother dead, she had 2 sons, a daughter & second grand mother having only one boy. then our ancestress property how should be allocated among the children.
    As a grand daughter i have any rights on that property as per Indian law or not.That property is not earned by my grand father, that is coming from 4 to 5 heads till now.

    Please guide me sir. My living step grand mother want to cheat us.

  200. rajat goyal says:

    My father got a portion of a house made by my grandfather as per his will. Now my father died without a will. I have my mother and two married sisters. How will be the property divided ?

  201. Raul V says:

    My Grandfather had borrowed a certain amount from a person (say Mr X) by promising a small portion of his land. Grandfather expired, so my father and my paternal uncle are the heirs. My uncle too expired recently leaving behind 2 daughters, who should now be his heirs. But Mr. X is stopping us from registering both daughters names until his amount is paid (Mr. X demands 5 times the amount ordered as per courts ruling). Can he restrict us actually?

    As we plan to repay his money after selling off the land, this is causing hindrance since both the daughters names cannot be registered.

  202. XYZ says:

    My dad expired recently and my mom wants to make a will built a premises containing 4 houses to their 4 sons and 1 daughter,this house was built by my father in my mom’s name.A ll the documents are in my moms name.She wants to give more share to her one son who is unemployed This house was built 43years back,she has 2 big house 2 small house she wants to give one big house to her 4th son 1 small house to her daughter and other two houses 1big house to her unemployed son and 1 son 1 small house to her unemployed son and 2 son because he can claim rent for his livelihood and after the death of this unemployed son these 2 houses will go to their 1 and 2 son children respectively. Is this will correct,further grand children won’t put case that their share is not there in this

  203. sk g says:

    we are two brother and one sister.my big brother has already seperated from father in 1987.he signed a unregistered panch faisla.my big brother has widraw him all rights against a sum from father propereties through this unregisterd panch faisla signed him.brother receivs=ed his sum amount cash from father.amount receiptmade. my mother died in 0october 2013. my sister has died in 2013. my father serous illness indeember 2013.but my bigbrother have no fulfill his duties during the father illness.1st january 2014 he discharge from hospital on concious, stable, oriented condition/. after discharge 16 january my father has write a will on my favour .this will is vregistered will document.on 4 feburary father expired. my brother has not attnd the any time of father illness and funeral ceremony.after death my elder brother claim the 1/2 portion of father properety through court.his claim based on will making is unsoundness mind. please assist me.

  204. Aditya says:

    Hi,
    My Grandmother passed away few years ago and the property is in her name.
    Total they have 3 children, I am the daughters son.
    One of my uncle wants to create problems and sell the flat as he has no sentimental value.
    My Grandfather wants to transfer the house in my name so that it will remain in the family.
    Is there any way that this can happen without involving the 3 children.

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