How Hindu Succession Law applies if written WILL is missing ?

Do you know that Hindu Succession Law applies for division of wealth in case a person dies without a written WILL ? I know you might have never thought about it because you are not aware how ugly it gets when will is missing. Money is so powerful that relations don’t take time to break. Family members can really fight over the issue of who gets how much out of the wealth and a lot of times unexpected things happen. Even people you never thought can suddenly appear claiming their share in the wealth.

A proper written will (and registered one) is the best way to make sure the wealth is passed on to different people as desired. But in reality people don’t write will and keep thinking “one day, I will surely write a will when ..” .

So now coming back to the point, if a will is written, then there is no confusion and the wealth is divided as per the WILL . However if a WILL is missing, then the wealth is divided as per Hindu succession Act 1956 laws for Hindu’s , Jain’s and Sikh’s. We have separate law for Muslims and Christians, but for this article sake, lets just talk about Hindu succession Law applicable for Hindu population.  Also note that in this article mainly we are talking about the succession laws related to what happened after death of a MALE (not female) .

HIndu Succession Act 1956

Concept of Legal Heirs under Hindu Succession Law

Legal heirs are well defined in the Hindu Succession Law. All the relations are categorised into two classes called class I and class II. The first right on wealth is of Class I heirs. Only if there is no one available in Class I, then relations under Class II can claim their rights. If Class I & Class II both are missing , in then there is something called Agnates and Cognates , but we will talk about it in sometime. For now lets understand Class I & Class II heirs under Hindu Succession Law

Class I relations 

  • Son/Daughter
  • Widow
  • Mother
  • Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
  • Son/Daughter of a pre-deceased Daughter
  • Widow of a pre-deceased son
  • Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
  • Widow of a pre-deceased son of a predeceased son

Class II relations 

  • Father
  • Brother/Sister
  • Son’s daughter’s son/daughter,
  • Daughter’s son’s son/daughter
  • Daughter’s daughter’s son/daughter
  • Sibling son/daughter
  • Father’s Parents
  • Brother’s widow
  • Father’s sibling
  • Mother’s parents
  • Mother’s sibling

If Class I & Class II is missing ?

In the absence of heirs of Class I and Class II, the property is passed to the agnates and cognates of the deceased in succession. Now, one person is said to be the agnate, if he/she is related by blood or adoption wholly through the males chain line. Similarly, one person is said to be the cognate of the other if the two of them are related by blood or adoption, but not totally through males, i.e. there has to be some intervention by a female ancestor somewhere. The first preference is given to Agnates and only if there is no Agnate, then the Cognates comes into picture. To understand Agnate/Congate in plain plain Hindi, Its means “Bahut Door ke Ristedaar”, Agnates are “Door ke Rishtedar” from the chain of Male line and Cognates are “door ke rishtedar” , but does not compulsory from the chain of males in the family. But leave this point as of now, I think from understanding point of view just Class I and Class II is enough for someone.

Note that if there are more than one Widow’s , then they get one share only and then divide it between themselves and a person immediate family will also be considered as one unit only.

Some Important Rules and Points

  • A child in womb is treated as a separate child as if he/she was out in the world , He/she gets separate share in the property.
  • No succession rights if the widow has remarried on the date of succession.
  • If a person has killed the person from whom he was suppose to acquire the wealth and has been declared as murderer by law , then he looses his right of acquiring assets.
  • If there is no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall go to the Government.

For Muslims , the succession laws are defined under The Shariat Act . Under that 50% of the property goes to the Widow irrespective of the number of other legal heirs (remember in case of Hindu Succession Law its equal share between Widow and children) and rest is shared in equal parts between children

Some Examples

Now based on the learning’s we had till now, lets see 6 examples (not real) and how the wealth will be divided in each of those cases. I have tried to take different scenario’s.

Example 1

Lets say Ajay is dead without a will and he has 5 people in his family

  • Wife
  • Two son
  • One daughter
  • Father

In that case his wife, 2 son and 1 daughter will come under Class I , but his father will come under Class II , in that case all the 4 people under class I will get equal share in his wealth. So Wife will get 25% of the wealth, First son will get 25% , second son will get 25% and daughter will also get 25% of the wealth (married or unmarried) .

Example 2

Lets say Robert was 60 yrs old. He dies in an accident and has no WILL . Suppose he has following people in his family

  • Wife
  • Widow of his dead son
  • 2 Children of his Dead son

This is an interesting case , in this there are mainly 2 units . The first one is his Wife who will get 50% of his wealth and the next unit is the Widow and 2 son of his dead son who will equally get 50% of the wealth and legally, they all need to share it in equal amount . Note that this happens considering as if the son was alive, in which case he would have got 50% share and then his family chain would claim it from him. So understand that each family here would be 1 unit and all the members of that unit will again share it back between them with same principles.

Example 3 

Suppose Ajay is dead without a WILL , but his family consists of

  • A pregnant Wife
  • Mother
  • Brother

In this case , there are 3 entities in the Class I , those are Wife , Mother and the Child in the Womb, here 1/3rd wealth goes to Wife , 1/3rd goes to the unborn child and 1/3rd goes to Mother. Note that a child in the womb has same right as a born child.

Example 4 

Suppose Robert dies without a WILL and leaves behind

  • Father
  • Brother
  • 2 children of his sister (sister is dead)

In this case, you can see that Class I has no member, all the members are from class II , in which case Father will get 1/3rd wealth, Brother will get 1/3rd part and his sister’s children will get 1/3rd and will divide it between them in equal parts.

Example 5 

Ajay dies without a WILL , his family consists

  • Mother
  • Brother
  • 2 Sister’s
  • Widow of one of his dead Brother

Here you can see that only one person belong’s to class I (mother) and every one else is in Class II , hence 100% of the property goes to Mother (remember that Class II gets anything only if there is no one in class I)

Example 6

Ajay is the head of the family and lives in a ancestral house in Pune and has his personal savings in Bank FD and one flat in Mumbai which he had bought from his own funds. Now Ajay dies, but he was smart and he has written a WILL and written that everything goes to his Wife and no one else gets anything. Suppose his family has

  • Wife
  • Mother
  • Brother
  • Sister

Now what happens in this case ? In this case, his Bank FD and his flat in Mumbai will 100% go to his Wife and no one else, However his ancestral house in Pune will be divided equally between all the 4 members. This is because there was a flaw in the WILL . An ancestral property can not be passed on through a WILL . Ajay had made a mistake thinking that he can assign the flat in Pune to anyone he wants . A person can only pass on his wealth through WILL if he has earned it (think bournville) , if you have acquired it from your older generation, then it will be claimed by all the legal heirs, and in this case it will be passed on to all the legal heirs of the family , so 25% to each member as they are all into Class I for Ajay’s father

Hindu Succession Law in case of a Female death

Till now we saw all the rules which are applicable if a person in question was a dead male , but in case of a female some points are a little different.  The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following –

1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .

Important Points in case of Women Property

  • If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
  • If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband ,  in case of absence of his sons or daughters

An Example

Suppose Supriya is a widow without any children dies without a WILL. She has acquired 1 flat in Mumbai from her Father’s, and has acquired one Flat in Pune from her Husband through a WILL, now suppose Supriya has 3 people in family.

  • Father in law
  • Mother in law
  • Brother in law

Now understand this case properly , As the person in question here is a Women, there will be distribution of her property like this-

The flat in Pune was acquired by her from her Father and as she also has no children, that flat in Pune will go to her Father’s legal heir. if Supriya had a Sister Poonam, in that case Poonam would be the legal heir of her Father and she would get 100% of the flat in Mumbai. Supriya’s Family would not be able to claim it legally.

However the Flat in Pune was acquired by Supriya from her husband and in this case , her husband’s legal heir would be claiming it, which means Supriya’s mother in law would get the absolute right on the Pune Flat because only she comes under Class I (Father and Brother come under Class II for a Male) .

Conclusion

In case a will is missing and the legal heirs get into fight over the wealth, things can get ugly and the wealth might to to someone which you might not have wanted or imagined. Hence writing a WILL should be on a high priority list . This article just gives a very basic rules under Hindu Succession Law, in reality things can get more complicated and its always advisable to hire a good lawyer in these cases. This article is just for information and awareness purpose. Dont take it as the complete guide.

Please share your case or define an imaginary case and lets see how the wealth would be divided in that case as per Hindu Succession Law

952 CommentsAdd Comment

  1. sunny balwani

    Excellent article Manish!!!! I am sure very few people will be aware of these laws. I have one query, My Grandmother has one plot and one house on her name, before her death she has written a will in which she has said that the plot be given to her elder son (my father) and there is nothing mentioned in the will about the house in which she was living. My Father has one sister & one brother , All three childern of my grandmother has 2 child each ..one son & one daughter. My Grandmother got the house from my grandfather(died) by his WILL.

    So, I want to the plot still will be divided between three(elder son(my father), younger son & daughter) though she has given tht to her elder son in her WILL. (As you have mentioned ancestor property can not be passed through WILL). Is it possible that my father can divode this plot (still not on his name) between my sister & me?

    How the house will be distributed in this case between the family as nothing is mentioned in her WILL?

    Regards,
    Sunny

    • Sunny

      Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. So as you said the house came to your grandmother from her grandfather , so now I think this will be her absolute property , Your Father is entitled to the whole property which was mentioned in the WILL , for the house which has nothing mentioned in the WILL , all the 3 son of your grandmother will share it equally .

      I think if things are getting messy from legal point of view, please hire a lawyer, dont take this article as a rule book . This one was only to give a idea of how things work

      • Muthukumar

        Hi All,
        Please help me out here.
        My Sister applied for divorce and the case is yet to be heard in court. Not sure as when the case will come to an end but sure that my sister is not going to re-unite with her husband again. Now she is planning to purchase a land, can she go ahead and purchase and register it with her name? As the case is not over yet, can she register the new land under her name. The important point is she is a Government teacher now.
        Awaiting a response as soon as possible. Thanks in advance.

    • Virender dhingra

      As per Hindi succession act 1956 in case of a male dying intestate (as in example no. 4 of Robert) children of predeceased brother or sister do not get any share. But you have mentioned otherwise. Kindly through some more light.

      • Kailash

        One Question :
        I have a residential flat purchased from my own funds in Pune. My wife is the joint holder of the flat. Please tell me after me will my wife be 100 % owner of the flat ??. I have 2 daughters, Father, Mother and 2 brothers.

        • Yes Kailash

          Your wife would be the sole owner after you , but now the more important and worrying question is what happens if something happens to you and your wife at the same time ? Have you put right “nominee information in your flat papers ? In that case , your flat will pass on your mother , and 2 daughters equally (1/3rd each) . If you want to pass on the flat to just your daughters, you need to write a WILL saying that or make your daughters also joint owners as of now .

          • Kailash Mundada

            Manishji I doubt….
            u mean to say if a flat is jointly purchased by a father and son and entire down payment is made by father and son repays the loan amount and if father dies without a will then mother cannot claim her share in flat..??
            Would the scenario will be different if father leaves a will in favour of mother though its a jointly owned property.
            According to my discussion with one or two lawyers though its a joint property…mother can always claim her share in the property (flat)

            • Kailash

              Yes ,you are right in case of a real estate , but in case of insurance policy, mutual funds, bank deposits , saving bank accounts, the joint holder gains the full control after one of the holder death

            • sonal

              joint properties are of 2 tpes ei.e. joint tenant and joint common tenant. and these both apply differently after death of any of the joint holder

          • Rajmohan

            Hello Mr.Manish,

            I had gone to various replies from your side and thought to write you about one querry.

            My querry is suppose “A” dies without will. He has two married daughters. “A” and his wife both died and their elder daughter also died leaving behind her 3 sons and one daughter. In this case what share of property will all the 3 sons and one daugther of of elder daughter of “A” will get. The house is still in the name of “A” and this house was made by “A” from his own savings and PF, Gratuity money etc. Please advise.

  2. Very nice and informative article Manish.
    I would just like to add one more point here…writing a will is important but writing will in the right way is more important.
    It should be clearly mentioned as to “who gets what”. Choice of words should be more clear and comprehendable.
    I have recently gone through a will , which says that “All my assets and liabilities , should be equally divided among my children.” ….That’s it. I found it to be the most ambiguos will.

  3. Nobuddy

    Informative article and much helpful for lay persons…giving them knowledge about intricacies of the law.
    Correct me if I am wrong…….
    “If a person has acquired any assets by succession from his father… he better not allocate such assets by his will because the assets acquired by succession will obviously be passed on to his legal hairs (Class 1 or if no class 1 then to Class 2) in equal shares”.
    Now two queries.
    1. An unmarried male who has acquired assets from his father by his (father’s) WILL has 4 brothers each having 2 sons. All the four brothers are dead. Who all are class 2 heirs and what are their rights?
    2. If this unmarried male has sold the assets inherited from his father’s WILL, does he have a right to allocate the proceeds of such sale to persons of his choice in his WILL? If not ….then is the method of allocation same as if the inherited asset exists?

    • 1. In this case it matters if the property which he got from his father was ancestral or not . If the father has created the asset from his own money, then he can assign it to anyone .

      2. As I said in first point, he can sell it as he wants , because it was his father property created by him

  4. Bijaya kumar pradhan

    The hindu article is very clearly diversified, with the WILL any one can get the things easily, without it it will desided by law only. Very usefull to every one. Basically working people with high profile.

    Thanks
    Bijay

  5. George Joseph

    Excellent article as always Manish.

    Out of curiosity do you have any feedback on how it works in Chrisitian families?

    • Hi George

      Let me give a very short idea on that

      The Succession Act contemplates only those relationships that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, that is, children and children’s children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow.

      Here are details to start with : http://en.wikipedia.org/wiki/Christian_Law_of_Succession_in_India#The_intestate.27s_property

  6. Manish, very informative and eye opener article.
    I need your permission to print this article and to circulate in my circle.
    please update mr for the same.
    thanks
    amit shah

    • Amit

      Please do it provided you are put before the article the name of author (thats me) and the website very clearly . And then print the article . I hope you are talking about printing it on paper and not on your website .

    • Yes i will take care to print your name and website name clearly on the printout.

      Thanks for your permission.

      this will help many senior citizen who are not well versed with internet.

      amit shah

  7. Ana

    Females too are working these days and acquire/inherit property. It would be nice if you publish complementary cases relating to a female.
    eg. A female who is neither married nor has children like in the case of example 5/6

    • Ana

      But in that case there will be some one else as legal heirs, like someone from your father side , your brother and sister. What specifically is your question ,can you pose your question and situation

  8. UMESH

    this is a nice work by you. one of very ill understood aspect and very important to avoid unnecessary problems after death. problem is till date very few persons make a will. it is postponed and never written. we can understand this but we can not make our elders to write will. how it can be done?

    • Umesh

      All you can do it make your elder aware about it . Tell them that you read an amazing article and give them a print out of it :) . Thats the only way to “indirectly” ask them that they should also do it

  9. Niladri

    Manish,

    I got a query, say grandmother (maternal) leaves a parcel of non-agriculture land without a will and she is survived by her husband, 2 sons and 2 daughters. She had another daughter who also passed away and survived by one boy and a girl. In that case who are the rightful heir/claimant for this parcel of land and how should it be distributed among themselves?

    • Niladri

      Here as the children and husband are there, it will go to all , the share will be like this

      Husband – 1/6th
      1st son – 1/6th
      2nd son – 1/6th
      1st daughter – 1/6th
      2nd daughter – 1/6th
      1st child of a dead daughter – 1/12th
      2st child of a dead daughter – 1/12th

      Note that the dead daughter is entitles for 1/6th as her share, but as she is not there, her children will share it equally , hence 1/12th to them

  10. Rajeev

    I must admit that this was an eye opener for me.
    Though have 1 question
    – If Male and wife both dies and they have a minor child, as per examples asset should be divided between child and mother. Since child is minor does mother automatically becomes custodian for 50% of the child’s share?

    • No , In this case you have to see who is surviving person in CLASS I , if its mother (mother of the person dead) and the child, then it will go 50% – 50% to both, but as the child was minor , the mother will be custodian of the 50% share of the child .

      Manish

  11. Pradip

    In example 1, what if Ajay had an insurance policy where his father was the only nominee? Who will get that money?

    • No , nominee does not mean anything . Nominee is the person whom the insurance company will contact and say – “please take the money from us as your name was on nominee list” . the division of the money will happen only as per WILL or succession act

      Manish

  12. dr kishan

    Dear Manish
    A very nice article indeed. Its really a pity that although writing a will can make things very smooth, most of the times the wills are not written. Your effort shall surely make some changes.
    One point to make: Mother is classified as Class 1 but Father’s widow as class 2. I suppose father’s widow IS mother, correct? Is there anything I am not getting??

    dr kishan

    • Dr Kishan

      Here Widow is the wife of the dead person , I didnt write “wife” because she will be a widow after the death of the person , also there is a clause that she should not be married to some one else at the time of division of property

  13. Srini

    Manish,
    Superb article as usual.
    Does a daughter(63 years old, from Tamil nadu) get a share from her father’s property? Is the law state specific?

  14. Sachin

    Hi manish,
    Pls correct one point in article .

    Example 6 :-
    if you have acquired it from your older generation, then it will be claimed by all the legal heirs of the person who is dead, and in this case both Mother and Wife belong to Class I, so they both get 50% share in the ancestral property in Mumbai.

    I think last word should be “Pune” instead of “Mumbai”.

    Nice article as always.

  15. Aman Bhutani

    Dear Manish,

    Very nice examples and article..however Pls answer this example:

    Mr. ‘X’ dies and survived by wife and 1 son . Wife gets remarried and takes son with her. X has father who is still alive and One property in his(‘X’) name.

    Whose legal right becomes to claim the property and what should be the procedure for Father to claim sucession if Wife and son of X is not entitled for sucession…

  16. K.M.Manohar Kumar

    A very informative article Manish. Thank you. However I am confused about example No.6. The ancestral flat in Pune should go to mother, wife, brother and sister equally @ 25% or only to mother and wife @ 50% each?

    • KM

      If the house is ancestral and everybody was living in it and it was never divided formally, then it cant be passed on by will , it will be everybody;s . in this case it would be 25% each , i have to make that correction in teh article

  17. Sanjay Jain

    Clearly a very well written on untouched subject. Pl accept my sincere thanks for this eye opening article. One thing, I presume that untill one write a clear will, he/she must always make a nomination with thier respective share in all his financial instruments/deals like insurance/banks account/PF/Demat etc. I wonder if the already declared nomination in such cases can be over ruled by the Hindu succession act?
    Can there be any nomination possible in case of an immovable property or in case of gold jwellery?

  18. Vipin Mohan

    Great work ManishJi,
    You just delivered what I really needed :).
    Really wondering what could have happened to my financial life if I didn’t come through your way !Thanks a ton. Keep it up.

    –Btw, if the dead female owns some property that of hers only ( i mean neither from her hubby nor from father/mother), then it will go to the Class1 heirs equally just as described in case of male, right?–

  19. D.M.Devadhara

    Very well written EXCELLENT ARTICLE …!
    I want your guidance. If ‘A’ died without WILL . In his family Mother, Wido wife , no children & Brothers (05 No.s) . After death of Mr. ‘A’ his Wido wife has remarried after two yeras. Mr. ‘A’ had purchased one Flat by own. His father is alredly died befor him how has Agriculter land whivh he got from his father. Some money Mr. ‘A’ got after his death through different Govt. schemes etc. Now who will get and how much ?

  20. PMA

    Nice Article Manish.. thanks.. 1 imaginary case from my side..

    There is a Girl “A”.. She has a savings bank a/c with her Maiden name (opened b4 marriage) & a savings a/c with changed name (opened after marriage).. The a/c with maiden name is a joint a/c with her mother.. She has few FDs & Post Office savings in her Maiden name & a ULIP policy with new name.. Her savings bank a/c with new name has nomination of her husband.
    “A” does’nt have any children.. She lives with her husband & in-laws. Her maternal family includes Mother, Father, Brother & Brother’s wife.

    Now if A dies without any WILL, how will her money be distributed?? She always wanted to give some part of her money to her Parents & some part to her husband, but did not prepare any WILL.. Is it possible by following Hindu Succession Law?

    Kindly comment..

    • PMA

      As the bank account was in joint account , that will anyways be controlled by her mother . So that goes to her mother totally ..

      Rest goes to her husband as per succession laws

      Manish

  21. D.M.Devadhara

    Very well written EXCELLENT ARTICLE …!
    I want your guidance. If ‘A’ died without WILL . In his family Mother, Wido wife , no children & Brothers . After death of Mr. ‘A’ his Wido wife has remarried after two yeras. Mr. ‘A’ had purchased one Flat by own. His father is alredly died befor Mr.’A’ and his father had not divided agriculter land till date which he got from his father. Now today means after remarrage of Mr. ‘A’ wido wife if property divided .who will get and how much ?

    • Wife in that case will loose her rights to get anything .. The mother of A will get the Flat made by A and mother and brother of A will get the father’s Agricultural land

  22. Vijay

    For dead female , who owns her property has left behind 5 legal heirs( husband, 2 sons and 2 daugthers) without any prior WILL. Later one of her son reconstructed the property through dismantle of old property into multi-stored building. Does he still eligible for 1/5th of property or claim back re-invested amount over the property from rest of legal heirs during property division.

  23. Vivek K

    Great article. I am sure very very few people were aware of all this uptil now. This article is going to help a lot of people and emphasise the importance of having a will.

    Thanks Manish & team for publishing it.

  24. shobha

    Hi Manish,

    Thanks a great article. Have been delaying this till now :-(

    Just a question: In case of Working Female with Spouse, daughter. A house brought in her name (loan going from her account, Husband co-applicant), LIC Policies, MF, FD’s etc. and nothing from her Parents.

    How would this be divided or will this directly go to her husband. In case of both husband and Wife not there. Whom it will go to, if daughter is a minor.

    But thanks again, Will be contacting a lawyer finally for will. :-)

    Regards
    Shobha

    • Shobha

      All the things which are owned by WOMEN , it will go to his husband and children in equal proportion . If husband is also missing, then it will go to only children . As house is also in name of husband, he will be owner for his part of share .

  25. Satish

    Hello Manish,
    I think senior citizens also need insight into managing their finances and wealth. They would want to lead a life with financial independence, adequate health insurance, and may be in future handover their wealth, donate, etc. They would want to ensure that their earnings don’t go to undesired people after they pass away.
    Do you think that this blog has reached senior citizens? Rather than children sharing their learnings with Parents, It will be better that JagoInvestor connects with senior citizens directly, and addresses their needs.
    Thanks

    • Yes Senior citizens also need financial literacy , but its very much limited to how to preserve it and not how to grow it like a youngster would need it .. Have written few articles on this

  26. CV Easwaran

    A very down-to-earth article. The examples elucidate the theory more closely. Keep it up Manish & Jago Investor!!

  27. CA. Pradip Jadhav

    Thanks, the article is really nice!
    I will be thankful to you if you could answer following Q.
    Q- “A” has 4 sons, he divided 12 acre of land owend by his father (who is deceased) among 3 sons and his wife in 4 equal parts (i.e. 3 acre each).Since yongest son was minor at the time of division his did not get any share of land. Later on to fulfill some legal requirement, “A” has again included the name of 3 elder sons in the land given to his wife i.e. 3 acre of land. It means there are 4 seperate 7/12 forms, 3 seperate forms for each brother and in last 7/12 form, name of mother as well as 3 elder brothers are included. Subsequently “A” passed away. In this circumstances what is right of youngest son who do not get land at all ? How he can get his share of land? Also let me clear that the mother is not interested in land and she is still alive and she want the 4th share of land (3 acre) to be given to yougest son.

    CA. Pradip Jadhav

  28. Jay Prakash

    Hi Manish,

    Thanks for Write up. Till now it was assumed that father is class 1 legal heir but write up clarifies that father is Class 2 heir.

      • CA. Pradip Jadhav

        OK. The case is simplified as further.” A” has 4 sons (B,C,D and E) and wife F. He divided 12 acre of land (received from his father) in 4 equal parts namely W, X,Y and Z. Land W,X and Y was given to B, C, D respectively and Plot Z was given to wife F since E was minor at the time of divsion. Later on ‘A’ had again added name of 3 major sons B,C and D in the Plot Z which was assigned to wife F. Now there are 4 seperate 7/12 forms, One form each for B,C,D and 4th 7/12 form consists name of wife F along with 3 sons i.e. B,C,D. It means no share of land is alloted to E. After death of A, B,C and D do not want to share and land with their younger brother E. Instaed they are claiming additional share in land Z to which there name is associated along with mother. Now what are right of E ? Can he ask court to protect his interest? Also can he legally restrain 3 elder brothers (i.e. B,C and D) to sell their land to outsiders till he gets his share? The case seems to be complicated.

        • The first point is that the only dispute here is about land Z , which was given to B,C,D and E , now if B , C are dead then their share has to go to legal heirs of B,C . Here D and E already have some share for them , so they are owner of that, now first we need to see if there is anyone who is in class I of B and C , here the mother is alive who is in Class I , so mother will be the right owner of B and C land . So 50% of plot Z goes to mother F (25% each) . 25% to D and 25% to E (for which mother is the custodian already) . No way D can take any action of selling the land

          Manish

          • CA. Pradip Jadhav

            Manish I think there is some confussion about interpritation of case Please read following sentance as
            “fter death of A (Father) – B,C and D do not want to share and land with their younger brother E.”
            Also note following points –
            – Out of 12 acre of land each one of B,C and D gets 3 acre of land. In remaing land which should suppose to ge to E has been given to F (Mother) and B,C and D. It means no land is given to E.

            • OK , now I get it .. as per will it was given to the all sons in equal part , just that the part of E was handed over to the mother . Now legally E is owner of one part of the land, his brothers cant “just feel” that they dont want to give it, if all the legal documents are in place, then E is legal owner and he will get it .

        • tungar jayashree

          I have one question that a married female acquired property from her mother. she died inestate. her son is also died left behind his widow , have no children. whether that widow has share in her mother-in-laws property?

  29. sty

    Actually the wording of example quoted by CA Prdip is not clear.
    Had A made a WILL in which he had made son’s B,C,D & wife F eaqual beneficiary ? OR had A divided the land while he was alive & the land stands in the name of son’s B,C,D & wife F at the time of A death ?
    Also the land is not self acquired property of A but he had received it from his father, thus it is an ancertral property & hence dada-pota rights come into play.

    More clarification is required on circumstances.

  30. sty

    One major point to be noted in Succession of Hindu Male:

    If father (F) transfers/gives assets to son (S) while father (A) is alive. Subsequently son (S) dies (intestate-without WILL), father (F) will not get any assets owned by S as F is in class II list. Widow (W) of S will get whole or part share along with S’s son/daughter as per Class I. Further W can remarry thus eventually taking away all/part of the said asstets with her.

  31. Subha

    Very good article with simple examples. This article will definitely help people who doesn’t know the importance of WILL.

  32. Sunil Mutreja, Jabalpur

    …………….Please clarify about distribution of an ancestral property in the following case :-
    A man is single (no family of his own)- no wife, no children. He has 2 Brothers
    and four sisters (having two children each). Both brothers are alive but two
    sisters are deceased and two are alive. My opinion is that the property would be d ivided in 6
    equal parts 1/6th each going to the two living brothers and similarly 1/6th
    each to the two living sisters. The children of each of the other two deceased
    sisters of the man to get 1/6th share each (meaning 2 children of one deceased
    sisters get 1/6th share – to be equally divided by them and other 2 children of
    the second deceased sister to get 1/6th share (again to be equally divided by them
    equally. Please Confirm, whether my assumptions are correct.

  33. Dhiraviyam

    A man, with four sons, writes WILL with detail in one of son can hold its share only after paying money with interests for his personal occasion to another son. Another point, in that place fourth son only lives for more than 3o years paying taxes and other related one. Here how this will be tackled by fourth son as well the rights of other threes. Please explain with confirmation.

      • Dhiraviyam

        Thank you.
        As per Will one of the son (OoS) supposed to pay money with interests to other son (OTS) that this spend for his (OoS) personal occasion to have its share as per WILL till it will be OTS share. Fourth son (FoS) living in that place (living in full share of father) for more than 30 years paying water tax, wealth tax, corporation tax etc can hold only his share only as per Hindu law. Am i right?

  34. Sunil

    Mr. Manish – Thank you for giving a good understanding of succession law. I need your comments on the following disputed case in my mother’s family (she is the 2nd eldest sister) :

    A family comprised of 2 brothers & 4 sisters. Their parents died long back. Both the brothers have died. Elder brother’s wife has died & has a son. Son is married & has a married daughter & grandchild. Younger brother too died & has a living wife with no children. Elder brother’s son has already acquired ancestral property of his grandfather after getting NOC from his paternal aunts (including my mother) and is sharing it with younger brothers living wife. Younger brother’s wife has acquired property left by her husband.

    Now younger brother’s wife is ailing. She has nominated 1 property acquired from her husband to my mother & me. Please advise whether elder brother’s son (who is my maternal cousin) can claim this property from me & my mother after the demise of younger brother’s wife? Can the other 2 living sisters (my maternal aunts) claim this property ?

      • Sunil

        Thanks for your response. In fact after going through the string of questions & answers I am able to find the reply i.e. despite being nominated & in absence of Will the property needs to be shared between husband’s Class 1 heirs & if they are not alive then their children.

        I thank you for this informative website jagoinvestor.com & would continue to follow browse regularly.

  35. Suraj

    Mr Manish – Can you please advise on this situation.
    Mutual consent divorce took place between a couple. As per the agreement & divorce decree husband transferred a jointly held flat in wife’s name along with a large sum of money, jewellery etc. The couple has children who are adults & independent. As per Hindu succession law if the divorced wife passes away without a Will can the children claim her movable & immovable assets knowing well that the assets belonged to their father but not passed on to their mother by succession but by a decree. Further, in case the divorced wife makes a Will in favour of her brother, can the children contest the Will.

    • As the divorce has already happened . There is no succession law in question , there should be a married status first to claim any property , but in this case , after divorce everything change.

      • Suraj

        Understand that divorced wife can not claim anything from divorced husband’s property.

        Please clarify whether children have any right to their mother’s property ? Because even if divorce has taken place between husband & wife, children can claim property from their mother unless she makes a Will in favour of her brother.

  36. Sachin

    Request your comments in this case: 12 years back a business man suddenly died of heart attack leaving behind his business, commercial & residential properties. He has a wife, married son & married daughter. He did not leave behind any Will. His wife took 50% of his share holding in the business, Son has 40%, remaining with other partners. The business, commercial & residential properties are still in his name which are in the possession of his son & managed by him. His son has made renovations & expansions in the properties over the years. Can his daughter claim a share in business, residential & commercial properties & how much ?

  37. Prakash

    Hi,

    Nice lucid article. Emphasises the importance of WILL. But the reality is and remains that most of us even after knowing this we stall making a WILL.

    I have a query:
    Family Tree:
    Father, Mother
    – Son, Daughter-in-law, Grandson-1, Grandson-2
    – Daughter-1, Son-law-1, Grandson-1 (divorced)
    – Grandson-1, Grand-Daughter-in-law, Grand-Granddaughter-1 & 2
    – Daughter-2, Son-in-law-2, Granddaughter
    – Grandson-1, Granddaughter-in-law-1

    – My father acquired property from his self earned income. He expired and in the WILL he mentioned that it should go to his wife, if living, else to his son (myself). All three children (son & two daughters) give NOC and the property transfers to his Wife (our mother).

    Now, I understand that my Mother can bequeth this property as per her desire and WILL. So in her WILL she has mentioned that it should go to her Son (myself), if living, else to her Daughter-in-law, if living, else to her two Grandsons (my two sons), in equal share. So far so good (I guess so).

    I want to know that after her, when the property transfers in my name, can I too bequeth, through my WILL, to whom I want (say to my wife, if living, else to my two sons, in equal share) or the ‘Ancestral Property’ clause applies, since I receive from my Mother who received from her Husband (who had self-acquired it) ?

    If Ancestral Property clause applies, then what should I do for a smooth transition from Motheer to self to my wife to my two sons ?

    Thanks.

  38. Prakash

    Hi,

    This is the query, renamed:

    Father (F), Mother (M)
    – Son (S), Daughter-in-law (DiL), Grandson (GS1), Grandson (GS2)
    – Daughter (D1), Son-in-law (SiL1), Grandson (GS3)-unmarried
    – Grandson (GS4), Grand-Daughter-in-law (GDiL1), Great-Granddaughter
    – Daughter (D2), Son-in-law (SiL2), Granddaughter, Grandson (GS4), Granddaughter-in-law (GDiL2)

    Father (F) acquired flat from his self earned income. Lives with his wife (M) and his son (S), Daughter-in-Law and son’s two sons (GS1, GS2). Two Daughters (D1, D2) living with their respective husbands (SiL1, SiL2) and their family

    Father (F) expired and in the WILL he mentioned that it should go to his wife (M), if living, else to his son (S). All three children (S & D1, D2) give NOC and the flat transfers to his Wife (M).

    Mother (M) can bequeth this property as per her desire and WILL. So in her WILL she has mentioned that it should go to her Son (S), if living, else to her Daughter-in-law (DiL), if living, else to her two Grandsons (GS1, GS2), i.e. (her Son’s two sons), in equal share. So far so good (I guess so).

    Now, as per the WILL of Mother (M), for the flat to be transferred either to her Son (S), or son’s wife (DiL) or to son’s two sons (GS1, GS2), will the beneficiary require NOC from Mother’s (M) two daughters (D1, D2) ? Even though earlier the two daughters (D1, D2) had given their NOC for this flat when father (F) expired ?

    Also, after Mother (M), when the flat transfers in her son’s (S) name, can he too bequeth, through his WILL, to whom he wants (say to his wife (DiL), if living, else to his two sons (GS1, GS2), in equal share) or the ‘Ancestral Property’ clause applies, since he (S) receive from Mother (M) who received from her Husband (F) (who had self-acquired it) ?

    If Ancestral Property clause applies, then what should son (S) do for a smooth transition from Mother (M) to Son (S) to his wife (DiL) to his two sons (GS1, GS2) ?

    Hope it is clearer now.

    Thanks.

    • In this case , as mother has written all the things on his son(S) name , things will go to him, The NOC’s are not required here . Here there is no dispute at all . It will not be considered as ancestral property .

      Manish

      • Prakash

        Hello,

        Thanks for the reply.

        A Co-op. Society, at the time of transferring flat (in Mumbai) to the beneficiary, based on WILL, does indeed ask for NOCs from other legal heirs. So I am surprised by your answer that NOC is not required. If NOC is not required then they ask for probate (specially in Mumbai). What I wanted to know is that if the NOCs favouring Mother (M) were given by two daughters (D1, D2) earlier at the time of death of Father (F), then is it required again to give NOCs from D1, D2 to transfer from Mother (M) to Son (S) ?

        Also, if NOCs were required from D1, D2 to transfer the flat to Son (S) based on Mother (M)’s WILL, what if D1, D2 refuse to give NOCs ? Actually, the scoiety should not ask for NOCs because they anyways take Indemnity from the beneficiary. So any views on this ?

        Secondly, I asked about ancestral because Son (S) bequeths property which was held first by Father (F) and then Mother (M).

  39. Hi,

    My mother has death before six month. Actully my moothet and me are leaving separatly from my father from last 28 years because my father has second wife and my age is 29 year.
    we have file a cace on my fathe in 2001 for our maintance and this case has been compromise and land which was come from my grandfather that total 36 R land and we have get 12 R and my father has 12 R and my stap mother and step broker has gone 12 R.

    After some years means 2008 father ans step mother has sold 24 land and after 2009 me and my mother has sold 12 R land and puchase ne 5 R land on me and my mother name.

    but before six months my mother has death and my father is file a case on me for my mothr’s property of 2.5 R from 5R land which is purchase by me and my mother but I am not ready to give him this property because they have alreasy separated from us before 28 years.

    Please advice How can I win this case opposite my father.

    • Sachin

      Your case is not clear to me , can you put them in 1/2/3 points and ask your question very specifically .. also can you ask your question in HINDI if possible .

  40. Hi,

    1) Meri mami ki shadi 1979 me hui thi aur mera janm 3 rd oct 1982 me hai aur jab me 3 month ka tha tab mere pitaji ne dusari shadi kar li.
    Aur uske bad meri mami kabhi mere pitaji ke sath nahi rahi aur me aur meri mami mere MAMA ke yaha rahne lage.
    Mere pitaji ne hame kabhi koi madat ki nahi.

    2) Jab me 18 sal ka hua matalab 1999 me hamne pitaji ke upar case kiya ki yo hame maintance de. case 3 ( 2003 ) me sal tak chalne ke bad pitaji se hamne compromise kiya ki

    mere DADA ji ki land total 36 R thi to usme si 12 R mere aur mere mami ke nam malki aur mere pitaji ke nam 12 R aur mere step mother and step brother ke nam 12 R yese distribution kiya.

    36 Total land.

    a) 12 R mere aur mere mami ke nam.
    b) 12 R mere Pitaji ne khudko rakhi.
    c) 12 R Dusri bivi aur uske ladke ko diya.

    As per court decree.

    3) Mere pitaji and unke dusri bivi ne unke pass wali 24 R land 2008 me sale kiya.
    4) Mene aur mere mami ne hamari 12 R land 2009 me sale kiya 24 lakh me. Aur usme se 10 lakh ki nahi 5 R land mere aur mere mami ke nam purchase kar liya.
    5) Mere mami ki Nov 2011 me death ho gayi hai aur 7/12 par mere aur mere mami ke nam 5 R land hai.
    6) Ab mere mami ke death ke bad mere pitaji dubara mujse mere purchase kiya hua land me mere mami ka hissa mang rahe hai.
    7) Mmami ne koi WILL nahi ki thi aur divorce bhi nahi hu tha. Hame laga nahi tha ki yesa kuch mere aur mare mami ke sath hoga karke.
    8) from 1982 se hum mere MAMA ke yaha separat rehte hai.

    9) Ab mere pass sirf court decree aur purchase kiya hua land ke paper hai.

    Please advice.

  41. rdamle

    Hi Manish,

    Thanks for informative article. I want to know about one situation.
    If a wife bought property out of her own earning and also she has some other savings etc.. They have No Kids.
    Huband and wife both have
    -mother/father
    -sisters and their kids as next in family
    If she dies without WILL then
    1. Would Husband get all things? Later if Husband dies without WILL who would inherit it?
    2. If they happen to die at same time ( say accident etc) without WILL – who would inherit?

    Thanks in advance

    • Rdamle

      1. Husband will get it first , later one once it becomes his property , then either his will will decide it or his legal heirs will get it

      2. If husband dies ,then husband legal heirs will get it (assuming she has self acquired it)

      Manish

      • rdamle

        Hi Manish,
        Your second answer baffled me a bit
        “2. If husband dies ,then husband legal heirs will get it (assuming she has self acquired it)”
        If wife has property out of her own income and husdand and wife both die at a time (unfortunately at same time – with no children and without WILL) then it would go to only husband’s heirs?
        What about wife’s sister(or niece)? She would not have any claim?
        Could you please clarify?

        • No , why will she have it ? Wife Sister does not get priority over the husbands legal heirs . It can happen only if the property she has is inherited from her father/mother side . This is what my limited knowledge says . Does any lawyer say anything different .

          Manish

          • rdamle

            Manish,
            Logically if Husband’s brothers/sisters has stake in his property ( as class II member) why not wife’s sister has the same right if wife has self earned it?
            So I thought. Not sure what Law has to say about this.

              • rdamle

                Hmmm… Law is archaic and does not reflect realities of life as it is today… now that FAMILY concept has changed so fast. Time to have more young faces as Law makers :)

                • ss

                  hmm me too agreed…. that’s the reason y people prefer a male child over a girl child in India,,, law makers are only differentiating between males and females,,,, a daughter can claim her share over her parents property ,,,,but her parents have no right on her daughter’s property ,,, that is y in india everyone wants a son,,,

  42. RY Prasad

    Dear Manish,
    My maternal grandmother ( widow) has died leaving behind :
    a) 2 living daughters (+ their husbands & sons & daughters)
    b) Husband, and son & daughter (married) of 3rd daughter (deceased)
    c) Her 4th daughter (deceased) was mentally unstable, had no children and her husband married another woman but without any divorce or any paperwork.

    Now, who are direct heirs of my maternal grandmother now ?
    As per my understanding, they are as follows:
    i. 2 living daughters
    ii. Husband, son & daughter (married) of the 3 rd daughter (deceased)
    iii. I am not clear about the status about the 4th daughter (deceased) ‘s side. Her case is mentioned in (c) above.

    P.S. – All the property of my maternal grandmother are in form of agricultural lands inherited from her late husband ( my maternal grandfather) who had inherited all this as ancestral property.

    Can u pls. tell me who are direct heirs now ? I mean Category-I inheritors.

    Thank u so much.
    Warm Regards
    Prasad

    • Prasad

      Its very clear .. Husband and all the children would share it equally ! .. 4th daughter (mentally unstable) will have her own share equally . JUst that her husband can also come in between and fight for her share because he knows he can also get a pie in that

    • deepaksuri82@gmail.com

      House in which we are living is in name of my step grandmother
      But there is no registry of the house (no valid papers only plot numbers allotted in name of my grandmother, actually we are migrated from pakistan 1950 since then we are living in this house) We have vandalized that house and built up a new house over there. Electricity bill and water bill are coming in my father name. House tax is coming in my father name since last thirty years. Now my question is that after my step grandmother died who will be the legal owner of that HOUSE?

      Step grandmother= 1son +1son (my father-deceased)
      4 daughters

      What is the % share we will get in this house?

  43. Vikram

    Hi Manish,
    I am an Indian and working in Australia as IT Analyst.
    My Parents Lives in Varanasi (UP), We have House/property in My Mother’s Name in Varanasi (it is not a ancestral property).
    My eldest Brother and her wife is living forcefully in that house and asking for property right.
    Question – can they claim property if it is in my mothers name?
    Question – My parents already declared in newspaper they have no relation with my brother (Bedakhal) , can they claim the property after that
    Question – Can my Brothers wife claim the property?

    Thanks,
    Vikram

    • Shirish

      Ask your mother to make a will. If the property is not ancestral and if it has not come from your father, then your brother can’t claim any property right. However, if the house has come to your mother from your father, then all hiers of your father (meaning all sons and daughters) have a right in that property.

  44. Jayasri

    Very nice article.
    Consider this case:

    Jadu dies without a will and leaves:
    Widow
    Daughter
    Widowed Mother

    They get each 1/3 of the properties. Then mother dies without a will and leaves:
    Widowed wife of pre decased Jadu
    Jadu’s daughter
    Mother’s son Hiten

    What happens to her properties now which had inherited from pre deceased son Jadu, whose heirs are alive?

    Does the property devolve back to Jadu’s (source) widow and daughter?
    OR
    Jadu’s heirs and Hiten?

    Jayasri

  45. deepali

    my friend’s grandfather passed away,without leaving any will… he had 10 children, 7 of them are daughters,who are married and well settled… and he had a floor as a property of his own.. before his death, his 3 sons lived with him one of them was my friend’s father… now he is no more… the problem arises here… my friend’s mother has no other means of income… that one is the only property of her mother.. if the property would be divided in 10 equal shares her mother would get only a minor share which will not support her life, my friend suggests that the property shall be divided in only 3 shares…… so i please request you to have a look on this case and show me a legal way for the same procedure..and help

    • Shirish

      Please remember, law does not consider sentiments, needs or emotions. It may sound harsh, but thats the reality. Assuming your friend is a Hindu, as per Hindu succession law, all 10 children and grandmother (if alive) have equal right in the house/flat/floor. If 7 children are well settled, they can forfeit their share in favour of other 3. This has to be thru’ a legal agreement and needs to be endorsed by the court since court will issue a letter of administration to distribute the estate in absense of a will.

  46. MNSINGH

    i have querry that my father purchased a piece of land in my mothers name and she died without any will.whether her 2 sons and 2 daughters can claim for partition or my father has legal right to sell the property to meet out his debts.

  47. Siddharthan

    Dear Sir,

    A very informative article…. I have a Qyery…

    Mr.Selvan, one of my relative aged about 39 has died in a Road Accident. He has a Widow, Two Sons, Father, Mother & One Sister. He is having Movable / Immovable Assets as well as Insurance Policies. hE HAS NOT wRITTEN ANY will. How the wealth will be shared as per Hindu Law. Thanks in advance for your able guidance.

  48. R P AGGARWAL

    Ram died without a will leaving a property. He had two sons , Ajay and Vijay and both have died. The following are surviving:
    1. Ajay’s adult daughter
    2. Vijay’s wife and two adult sons.
    The property will be divided equally among the four or Ajay’s daughter will get 50% and other three will get get 17.33% each.
    3. Will it make any difference if Ajay’s daughter is 92% declared insane.

  49. Shekhar

    My father bought a flat in mumbai in 1995 with his own funds….Father did not make a WILL..
    He died in 1999…with a nomination of 50% share to my mother and 50% share to my divorced sister…we are total 6 siblings( 3 bros and 3 sisters)….Flat was transferred in 2000 jointly to my mother and my divorced sister with NOC/Letter of declaration from other 5 siblings in favor of mother and divorced sister…Mother dies in 2010 ,making no WILL but leaving a nomination of flat equally in favor of 3 persons viz divorced sister,myself and my other brother(33% each)…..We three nominees have not still submitted papers for transfer of flat as divorced sister is very keen to buy mine and my brother stake…..Ifso,whats the share of mine and my brother…will my other 3 siblings also have rite over the sale proceeds….Since,no will was made by father or mother,will each sibling have equal share or proceeds will be just as per nomination…Plz guide me….

    • Shekhar

      Now the time has passed a lot , ideally when your father has not made any will , then the whole share was for all you siblings and mother in equal proportion , but instead of dividing it , it was registered on the name of your mother and sister , so now it become theirs , now mother has also not make a will , but just nominated , so ideally the share she was having will be of all her children !

  50. Santana

    Dear Sir,
    Actually I wanted to know that If my husband is dead without WILL and my husband has some ancestral property which is of my husband’s father name so all of his brother and sister will get the money equally on sale. But as my husband is dead without will so now is it necessary to take sign of my childrens also. Or my self will be treat as one unit/one family and then I will distribute my portion amount with them as equally. What will be the case in this issue

  51. Rupak

    Whether my 2 married daughter have any right on my father’s property(not inherited) which has been procured by him in 1972 ( a small piece of land) & built a single story residential house on the land? Father died in 1997 & had not made any WILL. In the year 2002 , my mother informed to the local municipality to change ownership of the property only for generating municipal tax receipt in her name through an affi-davit to the local notary with the consent of all legal heirs (Mother, Son, 2 daughters ). Hence, as such I can assume that transfer of property does not exist & ownership is continuing in our father’s name. After the year 2002, I (son) has extended the property ( double story) with my own income .
    Now (year 2012) our mother is attacked by sarcoma & is expressing the desire to transfer the property in her son’s name as other 2 daughters are well settled. Daughters would be provided cash (double of left out by father in equal proportion ) as per mother’s desire .
    Elder daughter is now not agreeing with the above proposal of the mother & claiming 1/4 th share of current valuation of the property equal to single story as double story has been extended by myself. Younger daughter is not having any claim on the father’s property.
    My question is-
    1. Whether the valuation of the complete house is possible bifurcating single story & double story?
    2. Whether the claim of elder daughter is tenable at law? Is it not time-barred?

    • 1 Yes your daughter will also have share in that , as its not a acquired property by you , its a inherited one for you

      2. Nothign like that as far as i know

      Consult a local lawyer on this

  52. Anurag

    My mother died without any will qua the residential property in her name. Myself ,my father & brother are three heirs. Me & my brother have given our consent for getting the property mutated in our father’s name. Now, my brother has filed different cases against me ,my wife n my father. The property I understand will be equally shared amongst all three heirs. My father’s younger brother has also filed a case claiming share in this property calling it as joint property of my father with his younger two brother’s. The youngest brother of my father has withdrawn his case. This property is yet to be partitioned by meets n bound. My question is:-

    1. Whether my father can will his undivided share or sell it?

  53. Anurag

    Manish
    My question is whether my father can will his share by way of registered will to his son or grandson besides the option of selling ?

  54. Vinay

    Hi Manish,

    I am from bangalore(Karnataka), My father passed away last year without leaving a WILL he had both self aquired and Ancestral property(Only his share from his fathers property which was divided between him,his brothers&sisters and also his mother) now since you have informed that under Hindu Succession Laws Class 1 hairs are widow,sons/daughters,mother , Can my grand mother claim her share in my fathers share of Ancestral property even after receiving her part of the share from my grandfathers actual property. Please reply and help me with what will happen next.

    • Yes she can do that , note that it does not matter if she has recieved her part of not , what matter is after a person death , who are legal heirs ! . she is one of them , unless he writes the WILL for self acquired part of property

  55. RIC

    Hi Manish,

    I highly appreciate your efforts to educate society towards will. The article is really a brilliant one. But there is yet a doubt in my mind to be cleared.
    In case of no will, If the property is to be divided amongst the legal heirs equally than of what date should the valuation of the property be considered, including the bank accounts and moveable and immovable properties.

      • RIC

        Thank you for clearing my doubt. I got one more thing to ask, that given that a person dies without a will and he has his wife, two children(son and daughter) and a widow mother as his legal heirs. In this case each one is entitled for 25% share of his assets (cash and Kind) and they are residing together in the house belonging to the name of the deceased’s wife where the second unmarried (59years) son of the widow mother of the deceased also resides with them, since December 2005 . The widow mother of the deceased was maintained till two years by the widow of the deceased but now if the widow mother of the deceased who is a senior citizen (78yrs) wants a separation in the property of the deceased then after the due process of law is it mandatory for her to leave the house where she(widow mother of the deceased) stays or will she be still staying in the same house even after receiving her due share of 25% in the deceased’s property?
        I actually mean to ask that once the widow mother is given her share in the property after equal separation through court then can the widow of the deceased ask the widow mother of the deceased and her second unmarried son to vacate the house which belongs to the name of the widow of the deceased ?

        • Obviously .. The house is in name of the deceased widow (wife) , then the house is 100% hers , till now everone was living under one roof because thats how it was . But now if they the house owner wants , she can just ask everyone to vacate the house . I am assuming that after the division of property, now its like everyone is on their own , otherwise why would the division come into picture.

          So yes, answer is the house owner can take any decision. IF she wants she can just sell the house to anyone . IN that case anyways everyone will have to vacate.

          Manish

          • RIC

            Thank you again for your valuable guidance
            But I am still a little sceptical
            Let me give you the detailed picture
            My father died in 2009 without any will. We had a flat that was owned by my mother as first name and my father as second name. It should be noted that all the payments right from the beginning were made by my mother from her accounts and it shows in her IT returns (including maintanence charges). My father’s name was added only for convenience by my mother. Now after the demise of my father his name was deleted and my mother is the sole owner of the house. We also have all the formalities done including the deletion of name of my father from the share certificate and the society is aware of the same. My grandmother(widow mother of my father – 78 years) and my uncle (my father’s younger unmarried brother – 59 years) used to stay at the flat from december 2005 on gratuity grounds allowed by my mother. My sister also used to stay there from 2006 till date.
            Now after the death of my father my grandmother in order to safeguard her son that is my uncle has filed a suit demanding separation of my father’s property and absolute ownership of this flat as they were in possession of the same. She is also claiming the PPF and bank account amounts standing in the name of all three : me, my mother and my sister under the allegation that all the money that we have was earned by my father.Now we have a court case going on and as my grandmother is a senior citizen she gains sympathy and we are asked to give 25% of her share on an immediate basis. We as per our moral duty and legal procedure are ready to give away her share as directed by the court but in this context what we want is that once she receives her share that she is entitled to then she must vacate the house along with my uncle. In this regard I want to ask the following;
            1. Can my mother (widow of my father)propose the court that once the share of 25% is paid, my grandmother along with my uncle should be directed to vacate the house?
            2. Can my grandmother claim our ppf and bank accounts amounts?
            3. Do we need to file a separate suit in order to vacate them from the house?
            5. My mother was the nominee in my father’s LIC policy, is my grandmother entitled for her share in the same?
            4. What and how should be our approach to this problem overall?

            kindly note that my uncle was and is unemployed throughout his life and my grandmother is a senior citizen and suffers from ailments of urinary tract and knees and is capable of moving on a wheelchair.

            Kindly guide
            Thank You

            • I cant say anything against what court has said, I dont have that level of knowledge, but if court has already said that your grandmother should get 25% of few things, after giving that to her , there is no other thing she will have right on . The mother will have rest of the property . I think it would be a good idea to make it very explicit that she wants no one in the house, as she is the owner of the house and can do what ever she wants. She can sell the house anyways , so there is no point they can say that they wont vacate it.

              1. Yes , if you guys want it
              2. As there is no WILL , you guys need to understand that legal heirs will get it , when WILL is missing , wife , children and Mother are class 1 legal heirs , so your grandmother will also have share in the PPF and bank account, but you said there is no will in this comment of yours , earliar you said that he had a WILL .
              3. If they wont leave, what other choice you have ?
              4. Meet a lawyer , we cant discuss these things so casually in a blog
              5. Nominee is just a care taker and nothing else. This is one mistake people do in their succession planning . Mother is a valid legal heirs as i said in 2rd comment , she will get a share .

              Manish

              • RIC

                Thank you very much, now its getting real clear to me…
                Again as I have maintained that my father died without a will, then I know that she can claim the PPF and Bank accounts of my father but what about PPFs and bank accounts that stand in my, my mother’s and my sister’s name ? aren’t they our property wherein my grandmother has no right ? please clarify this

                • If there is anything on your name , or your mother name, then your grandmother has no right on that, your grandmother has rights only on your father properties and assets and thats because there is no WILL . Had your father created a WILL , this all would have not happened.

  56. Mohit

    my question is that where the Hindu Female’s property devolves in this particular situation?
    a Female Hindu got a property from his brother as inheritance. now she died intestate and without left behind any issue.
    Where that property share devolves which she got from her brother????????

    • If she has any children or husband , the first right will be theirs , but if there is no children and husband, then the first right will be off her parents or else any legal heirs from her parents side.

      manish

  57. Soubhagya Kumar Patra

    Dear Manish,

    It’s a nice and well written article. But I have a doubt. As class I relation you have mentioned “Mother”, but at the same time you indicated “Father’s widow” in class II relation.

    You replied to Kishan on the same query above;

    “Dr Kishan

    Here Widow is the wife of the dead person , I didnt write “wife” because she will be a widow after the death of the person , also there is a clause that she should not be married to some one else at the time of division of property”

    But still the query seems unresolved. You have already mentioned here you have taken an example of a Hindu male, thus keeping him in the eye all the examples & point have been given.

    Now – Class I Relation – Mother = Mother of the Hindu Male.
    Class II Relation – Father’s Widow = Mother of the Hindu Male.

    I haven’t gone through the said law book, can you confirm the same has been given in the Hindu Succession Law book ?

    • Thats an interesting question . They are considered as One unit , so they will have to share between them , like if there are 2 wives and 2 children , then WIFE should get 1/3rd and then both of them will divide between them

  58. vikrant

    Kindly advice please. Ancestral property was divided among brothers & sisters (my mothers parental family) through family settlement sometime in 50’s. Later on, my nana purchased one of the brothers share sometime in 90’s. He died this year leaving behind wife, 5 daughters (including my mother) and widow & son of his only son. As far as the documents are concerned, we have a hand written (urdu) family settlement signed by all the brothers, and a court decree pertaining to the portion my nana purchased from his brother. Kindly tell about the share pattern & also, if we want to sell the property, what all procedures will be required. Except for my mother and her family, all others are in England. I am in possession of the property.Thanks

  59. Sangeetha

    I have a doubt manish sir. My grandma is alive.She is having 2 sons and 1 daughter.My grandma is having a own land .After her death my uncle which means one of his son told that my mom is not having rights in my grandma home. Tat property also not my grandma’s owned property.So kindly tell me whether my mom is having rights in my grandma home.Can we able to file a case?

      • Sangeetha

        I am sorry sir. I wil explain about everything..My grandma is alive.The property belongs to my grandma. I just want to know whether my mom is having rights on that property.Because my uncle told that we don’t have rights on my grandma property.

  60. Dhruv

    Sir,

    First of all let me thank you for such a brilliant article. This provided lot of inputs and clarity w.r.t inheritance.

    Father died long back. From Father’s gratuity property “A” is purchased. After few years this property “A” is sold and out of sale proceeds property”B” is purchased in mother’s name .

    The allotment letter is in name of mother . ( property is not yet registered in the name of mother and society dues also not paid at all)

    Mother has three kids (2 daugther and pre-deceased Son). Son died due to some illness. Son was married and has widow and kid(son). Daughter-in-law and kid-son are now living seperately.

    Can mother now sell this property “B” without the consent of son’s widow , daugter’s are with mother in selling this property?

    What is the right of Widow -daughter in law and son on the property”B” ?

  61. Ved Raj

    First of all thnx fr updating such an informative article this will remove many doubts about property distribution , gr8 job sir keep updating .

    Q:- whether father can put defence legally in a case that the property received by him in family settlement from his father is his self acquired and not ancestral ?? Can son file injunction suit against father being coparcener of property came to his father under f/settlement ?? Kindly comment soon .
    (( I meant to say that whether ancestral property given to son (x)in family settlement by his father in his life tife becomes his self acquired and son’s(x) son can claim it being coparcener ))

  62. Pinkesh

    Dear Manishbhai,

    My question is as below:
    Grandfather of my grandfather had purchased a property but did not make will.
    In year 1989 my grand father made a will distributing property equally between three sons and excludes 4 daughters from share of property. will is registered at sub-registrar and notarised. is distribution of property possible as per this will ? can will made by my grand-father is valid ?

      • Pinkesh

        Dear Manishbhai,
        my grandfather had one brother died in 1993 leaving widow and one son. widow had entered a case for share from property immediately after death of her husband. 3 sons (sons of my grandfather ) had paid the share to widow and close the case having proof of payment. now my question is that if property is devided between 3 sons and 4 daughters , there may any window that 3 sons get all the cost which was they paid through widow, court fees & vakil fees. And if 3 sons did not pay the share than first property will be devided in two equal share between my grandfather and brother of my grandfather. Than share of my grandfather will be allotted between 3sons and 4 daughters. what is your suggettion in this matter, sir ?

  63. uday sawant

    sir.. plz advice me …my father -in law has died without WILL, he left wife ..2 sons .and 1 daughter.. both son prepared ZABARDASTI WILL of my mother in law , stateing ..both sons 40 % each & sister 20 % ..this flat is owned by father in law …can widow’s ( mother in laws ) WILL will be considered after her death ..as now daughter wants equal share in her fathers property , is this property is earned or anceastral for mother in law, can daughter give challange for equal share after her mothers death.. or this REGISTERED WILL prepared by mothers will considered by court…plz advice in brief ..on my email id ( udaysawant66@gmail.com)

  64. Jignesh M. Kharidia

    In my case my father expired & will was not made. How the property will be distribute between my father’s First wife’s Son (Step brother) only and we are Four brothers and two sisters of second wife’s of my father. My mother is also living as per Law how the property will be distribute. Please explain in %wise of each members share.

  65. my father has 2 wifes 1st wife as 1 daugther and 2nd wife as 1 daughter and 3 sons not married now 1st wife died and my father do marriage to his 1st wifes daughter after 2 years my father also died so my father died and his 1st wife died now 2nd wife and his 1daughter and 3 sons alive how how will the property shared

  66. Tanay uday sawant

    Father has died without WILL, behind widow wife ..2 sons .and 1 daughter.. both son prepared their mothers WILL , both sons 40 % each & sister 20 % …. the said flat is owned by father but what will be courts decision regarding widow’s registered will after her death .. as now daughter wants equal share in her fathers property , is this property is earned or anceastral for mother , can daughter give challange or fight in court for equal share after her mothers death.. plz advice in brief what should daughter can do now

  67. Tanay uday sawant

    Father has died without WILL, behind widow wife ..2 sons .and 1 daughter.. both son prepared their mothers WILL (zabardasti) , both sons 40 % each & sister 20 % ..now both sons don’t want to give share to daughter..in this case can daughter file case in court for equal share ..or court will consider widow’s will… sir ..plz suggest…

  68. Tanay uday sawant

    Manish sir.. i read your answer..that (after fathers death everybody will get 25 % ) sir my Questn is now both sons don’t want to give 20 % share to daughter..in this case can daughter file case in court for equal share ( will she succeed for her equal rights) ..or court will consider widow’s will… ( AFTER WIDOWS DEATH ) … sir ..plz clear this …

  69. vidya kumar

    hi Manish,
    i dont know if ur still answering questions, but i have to say its a good job.
    incase ur still answering, would u please clarify my doubt.
    my greatgrandfather( my grandfathers’ father) left land property to my grandfather(by will or inherited- i dont know- grandfather doesnt talk about it).
    My grandfather is survived by his wife, 1 unmarried daughter, 3 married daughters and 1 son-my father ( 1 more son died midway and didnt marry). relation between my father and rest of family is not good. my grandfather says he will write all property to his daughters. could you pls tel me how the property will be divided? would this be classified as ancestral property or self acquired property of grandfather?( i read in some succession act that inherited property becomes self acquired property and he can write it as per his wish . ). can he really write a will as he says? will my father have any legal share in the property? (my father is also cranky at times) if he denies his own right to share, will the right devolve to me or i wont have any share in the property? pls advise. thanks in advance.

    • We reply to all comments :)

      If the property was not divided till now, then its a ancestral property and your grandfather can be give it to anyone he wants like that. You father can put a legal case and get his share, but this is just based on what you have said, these cases generally get too nasty . Meet a lawyer I would say !

      Manish

  70. Very good article & very informative.I have a question if possible please answer.My father expired without will .Now the survivors are my moher,two married brother & our sister.We want to transfer the property and make our mother absulate owner of our residential house.What is the procedure.Is it necessary to take any permission from our wifes

    • There is no permission to be taken from your wives. They have nothing to do in this . You can just transfer the property to your mother, but now as the WILL is missing, you will have to bring succession certificate from court !

      • Raja

        Hi Manish
        Thanks for answaring.One more quastion after bringing a succession certificate from court can my mother make a will (as u said will cannot be made on inherrited property)

        Raja

          • RAJA

            Hi Manish,
            Thanks for answaring all mebbers questions.For that i admire u.My question is we are two married brother and a married sister my father expired without making any WILL.Now we want to make our mother absulate owner of our residential house, by transferring property in mothers name by all of us and as the Will is missing my mother has to bring succession certificate from court ok.Now after that can my mother make a WILL ON whole property because at that time she is the absulate owner of 100% share.

            • Yes , you can do that , and your mother can make the WILL at that point of time, but the thing is right now , each one of you are 25% owner , If in future she makes only 1 person as 100% owner , are you guys ok with it ?

              Manish

  71. VIKAS DIXIT

    My mother got a will of my grandfather who died but house was not transferred in her name. suddenly she also died. my question is what is the right of sons :
    1. In case of grand father will
    2. Incase of mother death when property has not transferred in her name.
    3. can dauthers are also entitled to receive the share
    4. father has any right of property in both case

    • It does not matter if the property got transferred or not . all what matters is that what is written in WILL , it will be final , i mean if mother was suppose to get it , then its of mother only .

      Now yes, daughters will have same right in property. Father will also have right

  72. Anil

    Dear Manish,

    I purchased an ancestral property in Bangalore in 1997 from a X and all his brothers (X + 3 brothers) have signed the sale deed. The property is still vacant. My question is : can X chidlren now make any claim on this site who are now major. What should be my stand if they try to build any fence / shed. Please advice asap. Note that I do not have Katha transferred on my name yet.

  73. Hemant

    Hi,
    I have a bit complicated question concerning will and hindu succession. I have two sons.
    My elder son married a girl who didn’t want to stay with us, was lazy and harassed us. As a result of tensions, we agreed to buy a separate house for my elder son where they can stay separate. It was agreed that we will buy the new house in name of my elder son from my money and he will sign a deed that he has no rights on my existing house.
    However my elder son cheated me. After registering the property at lawyer office he ran away with the original deed where he declared that he has no rights on my house.
    Now my younger son takes care of us, stays with us and it is my duty to see that he gets the house we live in.
    I made a will but my lawyer informs me that even if I make a will my elder son can go to court and court can give permission for him to stay in my house after my death along with my younger son or will decide the case.
    I bought and constructed this house 20 years ago. Since my elder son already has been bought a house by me in his name… and if I make the will entirely in the name of my younger son… still my elder son can go to court after my death??? and create troubles for my wife (his mother) and my younger son after me???
    What is the meaning of will then?

    • No , your elder son cant do that , who this lawyer is ?

      As this house is constructed by you , you have full right to write a WILL and give it to your younger son . Your elder brother can not do anything . I would suggest that incase you trust your younger son , better transfer the house before your death itself . However its totally fine to write a will and please register it .

  74. Kk

    Hi Manish,

    Please can you advice on this query …… about outcome and possibilities of transfer in future.
    “Grandfather was owner of property, after his death grandmother became primary owner of property via nominee transfer. Now on death of Grandmother , father becomes the primary owner as per via nominee transfer ….. Now father have two son’s (both of them are included as nominee’s to that proeprty)…… suppose in future if father makes a WILL and transfers whole property on younger son’s name without informing elder son …… CAN ELDER SON CLAIM HIS SHARE IN PROPERTY ON THE BASE OF INHERITANCE PROPERTY or by other route ?

      • k

        Thanks Manish alot :)

        Please can u clarify this :- in addition to above facts
        Grandfather had self acquired the property with his own money, not inherited from great grand father . And whole property now vests in father’s name. Then in this case does the property will be considered as “acquired property for father” or else it will be termed as “inherited property” …. and in such a scenario elder grandson can claim the share if his father write’s WILL in one of his son’s favour.

        – – – – Thanks Manish

  75. Ravi Mehta

    My father died 20 years ago and held a flat in Mumbai. He made a will in favour of my mother and children. Next day he made another will only in favour of my mother.
    I did not know this fact until four yeas ago. The will was never probated. Mother now has made her will giving all 90% of the property she ‘inherited’ from my father to my younger brother. As my father’s will is not probated, is my mother’s will valid ?
    Can my brother transfer the title of the property, without probating, my father’s and mother’s will ? How can I contest ? I am an NRI in UK.

    • A Will is not required to be Registered by indian law, a unregistered will is also valid, so the WILL is valid , the latest will is valid , so your mother can give whatever she wants to anyone.

      Manish

  76. Ravi Mehta

    Thank you for your reply. If an Indian will is valid, without being registered, what is the purpose of mandatory probate required by the four major cities !! Is registration same as probate ? My father’s will was never registered, nor probated. I did not even know that it existed until 16 years after his death. My mother has registered her will, does that mean my brother, who lives with my mother can ignore his brother and sister and continue occupying the flat ? and pass it on to his children ? My father worked very hard to purchase the flat, while bringing up my brother, and his family.
    Brother hardly ever worked and when he gets the flat, he will fritter away the money. This cannot be right !!!

    • “Being Valid” is different thing , unregistered WILL is valid, it cant be challenged , but for some purposes the local laws want a registered will , and incase its not registered , then you need to certify it from court that its valid (probated) . You know how the things are so messed up in indian system anyways … so better when you make a WILL , register it too !

  77. ammu

    My friend passed away recently and this is about two insurance policies which he took before his marriage.
    (i) In one policy, his mother is the nominee who is no more..now his father is still alive and asking for a share in that death benefit…I heard from one of my friend that the widow, and the two children of my friend being the 1st class legal heirs are the entitled members to get the benefit… Is this true? As he has filed a suit against my friend’s family, I would like to understand what stand the civil court would take and according to which law?
    (ii) There is another policy in which my friend’s father himself is the nominee and he is not willing to share the benefit with other family members… so, If my friend’s wife files a suit claiming that she and her children are the only entitled members to get this benefit, will they get the complete benefit? or he being the nominee, will the benefit be shared with him? please clarify.

    • Avinash

      My grand mother’s father acquired properties and died in 1946 without a writing a will. My grand mother had a brother and his mother alive at the time of her father’s death. Her mother died in 1964. What will be the share of my Grand mother in her father’s property and/ or her mother’s property(if any).

    • Ammu

      Your wife will get benefit for both the life insurance policy, she and children are the only legal heirs . So for first policy she does not give anything to father and for second policy also she is entitled for everything . Ask her to file a case !

  78. Sai

    Hi,

    Grandfather had willed his owned (i.e from his own money) property on 3 persons names only i.e. on the name of father and his grand son and grand daughter equally, but after grandfather’s death , grandmother took title of property (as she was nominee) and after grandmother’s death father took the title of property (as he was nominee and grandson, grand daughter did not ask to include their name in property at that time , keeping trust on their dad) ….. after few years say father now willed the whole property in name of grand daughter ……….. can grandson claim his share ? if yes then how much share 1/3 or HALF and on what base i.e based on WILL or as claim on inheritance property …… (please note property title was vested on name of father only and property title was not transferred to 3 persons as per WILL before, so can grandson claim his share LATER ON on the base of his grandfathers WILL)

    • Legally he can , but now its too much of delay .. the lot of time has passed and lot of transfer of title has happened, so its virtually very tough to get anything .. the battle in court will run for years .

  79. AVIJIT SAHA

    Hi,
    This is regarding transfer of property to legal hiers after death………
    case details : husband died leaving his wife behind without any will against his property.now what is the procedure to transfer the property in the name of his wife.is there any charges require? plz suggest.

      • AVIJIT SAHA

        Dear Mr Manish Chauhan,
        Thanx for your suggestion……………..it was very kind of you.
        A little correction on my point is ” if the registered will is present in the name of the person who died then what is the charges for transfer”

        2nd case : continue to the 1st senario, is it possible by the legal hiers class I relation (widow ) to sale that property ? if yes, plz suggest the procedure……

  80. RAVI KUMAR

    HELLO SIR
    WE ONE SMALL BUILDING IN CITY.but its in grandmother name she experierd & also my grandfather experierd . there have 3 sons . one of them my father he also experierd . 1sapeart floor all threre sons . but my father 2 sons but 1floor belongs now we staying there . grandmothere property for as or not. please replay sir

  81. Ashish

    if a father have 3 son x , y , z but father make a registered will ,after death of me all the power give to wife and after wife death all the property give to 2 son x, y .but mother make unregisterd will(notary) in favour of all 3 sons x, y , z equal ..then,any brother can challenge unregisterd(notary), those, who father make 2 sons x, y registerd will….plz sir.. I m waiting ur reply

      • Ashish

        father make registerd will & all power give to mother ,but Mother written last will unregistered( notary) due to hospitalization…..so last will make equal in favour of all son…so any brother can challenge unregisterd will…plz reply sir…

          • Ashish

            Hi sir,
            thanks ..but ,according to supreme court rule any unregisterd(notary) will not valid .in comparision of registerd will…..as previosly I say, father (dead) make registerd will & all power give to mother ,but Mother written last will unregistered( notary) due to hospitalization…..so last will make equal in favour of all son…so any brother can challenge unregisterd(notary) will…

  82. kush mehta

    Assume a male hindu is deceased and his family consists of wife and two sons. If on the agreement for sale of the property, the wife is a co-applicant and the sons are equal nominees(50% each)…In whose name(s) will the property be transferred and how much share(s) each under the Hindu succession act?

  83. ashu

    sir, my father was govt. pensioner. after his death without will my mother transfered his property on her name by showing only one son inspite of 2 sons. as my father nominated my mother and one son 100% on his graguty and on those papers my father not even put my name in family details to govt. and all purchase of land and construction done by graduty money. and even on loan papers which was already closed my mother was nomine. now what i can do.

  84. Mumtaz Advocate

    Hi I am a lawyer from pakistan now a days i m dealing a case in which a hindu male died leaving only one widow, his two brohter so in this case all the property will goes to widow or his brothers are also can get share if they will get what is the share of widow and what is the share of brothers. I shall be obliged if you please let me know on my email. if question is not clear u can ask me again

  85. Ravi Singh

    Sir,
    One plot is on my grandmother’s name. My grandmother died in 1972 my father is the only son. we are 2 brothers and 2 sisters. My father made a gift deed on my name in 2003. Now in 2012 my has filed a case saying he is the legal heir and the property should be divided into5 parts. I want to know who is the legal heir of grandmother’s property is it my father or grandsons and granddaughters. Will the Gift Deed which was done by my father will stand in the court

  86. Shekhar

    Hi Manish….I have a query for U….
    My late mother inherited an ancestral native house in 2001 thro` the WILL of her late brother ..The same ancestral property was tranferred and registered by my mom thro` an agreement deed at the native place in 2001 in the joint names of myself and my brother…Now,my mom expired in 2010 without leaving a WILL..Now,Can my other 4 siblings also stake claim for this ancestral property inspite of it being transfrred and registered in the joint names of myself and my brother…

  87. H C DUA

    Do we need to :
    1.Register a will? If not registered what is the disadvantage?
    2. For joint property with wife—can the husband put it in his will?
    When does a wife have to make a will—when the husband is still alive?

    • HC

      1. Registered will is more secure and more stronger than a unregistered will , there is no confusion from law point of view

      2. Yes , because he is owner for some part .

      Wife can make her own will , there is no relation with her husband living or death status

      Manish

  88. Deepak Suri

    Hi,

    We have two adjoining houses in Nawabganj, bareilly (uttar pradesh).

    One house in which we are living is in name of my grandmother (who is stepgrandmother, actually my grandmother dies after giving birth to my father)
    But there is no registry of the house (valid papers only numbers, actually we are migrated from pakistan 1950 since then we are living in this house)
    We have vandalised that house and built up a new house over there. Electricity bill and water bill are coming in my father name. House rent is coming in my father name since last thirty years.

    Now my question is that after my grandmather died who will be the legal owner of thAT HOUSE?

    We are there brothers and one sister (maried) and my father died recently.

    Please help us

    Thnks,

      • Deepak Suri

        Stepgrandmother is having 1 son (other son step son is our father) and 4 daughter. Now in this condition what would be our share?

        Please reply…

        Deepak

              • dheeraj suri

                House in which we are living is in name of my step grandmother
                But there is no registry of the house (no valid papers only plot numbers allotted in name of my grandmother, actually we are migrated from pakistan 1950 since then we are living in this house) We have vandalized that house and built up a new house over there. Electricity bill and water bill are coming in my father name. House tax is coming in my father name since last thirty years. Now my question is that after my step grandmother died who will be the legal owner of that HOUSE?

                Step grandmother= 1son +1son (my father-deceased)
                4 daughters

                What is the % share we will get in this house?

              • Dheeraj Suri

                House in which we are living is in name of my step grandmother
                But there is no registry of the house (no valid papers only plot numbers allotted in name of my step grandmother, actually we are migrated from pakistan 1950 since then we are living in this house) We have vandalized that house and built up a new house over there. Electricity bill and water bill are coming in my father name. House tax is coming in my father name since last thirty years. Now my question is that after my step grandmother died who will be the legal owner of that HOUSE?

                Step grandmother= 1son +1son (my father-deceased)
                4 daughters

                What is the % share we will get in this house?

                • Even though the bills were on your father name, did he do any kind of registrations on his name ? If no , then it might get really complicated to claim back the house only on your name. By law this house should be of all the 6 children. So you should get 16.66% share !

  89. Pallavi

    Hi Manish,
    Thanks for all your contribution! It helped a lot to understand the legal matters.
    I still have one query for you.
    I brought a flat. I and my mother were owners of that flat. I paid the loan amount and after that transfered the flat’s ownership to my mother. Now she is the only owner of that flat. I (unmarried) have a younger brother (unmarried) and an elder sister (married).
    1. Touch-wood but if smthing happens to my mother who will get the flat’s ownership?
    2. If I nominate myself for that flat then will I get the ownership of the same after my mom?
    If yes then how should I nominate myself?
    Do I have to renew it yearly or so?
    Will I come know about change in the nominee?

    Thanks in advance as I know you will resolve my query soon!
    Waiting for your reply!
    Pallavi

    • As the flat is on your mother name now , it does not matter who paid for it and what happened earlier , incase she is not there , the flat will be of all the legal heirs , thats all the son and daughters , so your share will be 1/3rd . You should ask your mother to either write a WILL , or better get it transferred to your name itself .

  90. angad

    Hi just wanted to know, if there are two heirs and one wants partition do he needs approval of other for that or he can get it by himself. Off course equal share and its a Hindu family..thanks

  91. Sushil

    Hi Manish,

    Very infromative article and great that you are answering all the queries. I have one query on HINDU female succession –

    A (husband) and B (wife) marry. Three years after the marriage, B expires interstate and issueless. B was working and had mde nominations before marriage in name of her parents for following –

    1) Group life insurance from office
    2) Two more life insurance policies
    2) PF and Gratuity
    3) Salary account
    4) One co-operative account

    B did not change the nominations post marriage. Now, her parents, being nominees, have taken all the above monies and they are not willing to give the husband a single penny.

    Queries –
    1) As far as I have understood the article, the husband is the receiver of all these monies since all these are self acquired and none of this is ‘inherited from her father’?
    2) If yes, then how can husband claim all of this – by filing for a succession certificate?

    Thanks in advance

  92. raju

    sir,
    my father make a will. in this will he give his self accquerd property to his wife and 2 sons.and anestrial property to all his 6 sons and wife.one of my brother is not alive.his 2 sons get their share in property.my father did not give any share to deseased sons widow in self accquring property.can she claim in this property.she works in aanganbadi and also she get claim 6 laks from insurence and have pensions.please guide me.

  93. viraj

    Dear Manish,
    my father expired 11 months ago. I have 2 sisters who want the house on my mothers name. Our society asked them to give some documents so as to transfer the flat in the mother’s name. I am also the nominee in the society register along with my mom. The sisters directly went to court against the society saying that they r not doing the transfer in the mother’s name. They even asked the society to issue a duplicate share certificate ,(the original is in my possession) I was working abroad for almost 17 years and now come back for good to take care of my mom. MY mom is a patient who forgets everything,and asks same questions repeatedly. she even doesnt know that she has filed a case against the society. That means my sisters are taking her signatures without she knowing on what papers she is signing.
    Now the father,s will has to be opened . In that the name of the executor is a person who has died 40 years before. Secondly the witnessess are some unknown people. My father has distributed the flat as son 34% and the 2 sisters 33% each. The will mentions that if any one needs the flat he or she has to give the remaining 2 the amount as per market value.

    now my questions are.

    1. Is it necessary for me to agree to sell the flat or I can say that ,no I want to stay in this house.
    2. My both the sisters are very well off and need no house to stay.

    thanks for ur reply,

    viraj

    • Viraj

      first point is your sisters current financial status has nothign to do with this case.

      If will says that a person can demand to stay in house, then he will have to pay the other two parties as per current market rate, so if you want to stay in that , you will have to give the money. I dont think your mother has anything to do in this case, because WILL Does not mention anything about her. Dont pursue this case without help of lawyer , this blog will just give the statting inputs , but the suggestion is to catch the lawyer now .

      Manish

  94. deepak

    Dear Sir,
    My father died in road accident & we belong to hindu family. Before death of my father, he had bought two plots in the name of my sisters at the age of 12 & 15 (Minor) & one house in name of my mother. All this property is my father self earned property. Beside that we have agriculture land too which we inherit from my grandfather.

    My sisters are still unmarried (Major), Sisters are claiming that the property which is in their name is solely theirs & I don’t have any right on the property which they have on their name.
    when it comes to house then Mother says that this property belongs to her & she will distribute among those 2 girls as they are still unmarried.
    With Agriculture land they say that it will be equally divided among four of us.

    Kindly suggest me, do I have any share in my father earned property which is now in name of my mother & sister. all these 5 years after death I had taken care of living for all four of us.
    Last month I have been married. so now its family of five.

    Regards,
    Deepak Singh

    • Deepak

      Sadly, those properties will not be shared by you , because its not on your fathers name, the simple rule is “The owner is that person on whose name the property is” . so even though your father bought it , the name was your sisters and mother, so now its theirs ! . Only the other land which was on your father name, it will be also be yours !

      Manish

      • murthy

        Dear Manish,
        Don’t you think that is a case of benami transaction. Benami transactions are generally illegal but this is one is permissible under the the law. So i feel that the case can be fought in the court provided Deepak has supporting documents to prove that the property is his father’s self acquired property.

        • How are these benami transactions ? When a person buys a property on their family member name, then I think it does not come under benami . If I buy something on your name, it will be , because there is no reason for doing so , its just to avoid the tax .. however what stops one to gift the money to someone else ?

          Can you share how do you label it as benami ? and also share what is BENAMI ?

          Manish

  95. sandeep

    sir, my father and his cousin brother married two own sisters(my mother and her elder sister). My mother’s father bought two sites in my fathers cousin name and after 10 years, my fathers cousin was told to transfer one site to my father, so when he transferred they made an affidavit in court that they come from same family and have settled their property 10 years back.. by mistake the the names have been interchanged, so the name of one site was changed to my fathers name( this was done to save sales tax). we are two sons to our father, my brother after his marriage went out to stay in another city and does not care for my father.. now my father wants to make a will on this site to my name.. but my brother threatens him that it is ancestral property and my father cannot make a will on my name. does it become ancestral property as it was bought on my fathers cousin name initially? and can my father make a will on my name or not?

      • sandeep

        Sir,
        THANKS FOR YOUR REPLY
        I have met 3 to 4 lawyers but they have different view so I’m confused. I want to tell you chronological events that have taken place.
        1) My Father’s cousin brother Shri SK Patil (My grandfather’s brother son) married my mom’s own sister in 1962. My father’s name is DT Patil.
        2) My mother’s father bought a site in name of my father’s cousin Mr SK Patil in 1963(sale deed in my father’s cousins name Mr SK Patil)
        3) My parent’s marriage took place in 1974.
        4) My Grandfather (Father’s, father) died in 1976. My grandfather had one brother. My grandfather and his brother had their self owned property together. After my grandfather’s death, my grandfather’s brother divided property in two parts and gave half property to my father and his brothers (which in turn my father divided among himself and his two own brothers). (All divided property got recorded in individual names in revenue office).
        5) In 1982 my mother’s father bought another site in my father’s cousin name.
        6) In 1984 my father’s cousin was told to transfer the 1st property to my father.
        7) To avoid the sales tax, they made an affidavit in court that, as they both come from same family and had made family settlement before(but actually their was no settlement made), and as per the family settlement by mistake instead of Mr DT Patil (my father) in records it has come as Mr SK Patil, so it should be changed to Mr DT Patil.
        8) According to this affidavit the site got registered in my father’s name.
        By all these events does it become ancestral property? Can my father make will on my name? Are there any other options of transfer?

  96. chandrashekar

    Hi Manish
    If Father has not made a will and after the fathers death, the sibbling have signed an affidavit to transfer the flat in mother’s name and now if the flat is sold and single cheque is received in mothers name , who has to pay the capital gain tax.
    If the amount is distributed equally , how to calculate the capital gain tax.

    chandrashekar

  97. Abhi

    Hi,

    I have a query.
    If GrandFather not made any will before death,
    And below are the list of live person after him –

    1. 3 daughter
    2. 3 son of one dead son
    3. Widow of dead son
    How property get distributed among all these?

    • IF i understand grandfather had 4 children , 3 daughters and 1 son (who is dead) .

      So all 4 of them get equal share . So each of them get 25% . Now as son’s share is 25% , but he is left with another 4 people , which is 3 son and 1 widow, they get 25% part each of son;s share .

      So they get 6.25% each .

  98. saroj

    Manish Ji,
    My father was in possession of ancestral as well as self acquired properties. He died years back without making any will. Then his properties were in joint possession of my mother, and four children including me( The legal heirs). Recently my mother also died. My mother was in possession of a house in her sole name, though built partly with the finances from my father. Also she is having some ancestral property under her possession and some deposits in banks. She had prepared a will, in which, the house in her name written in my favour. Other properties were not mentioned about in the will.
    Now my doubt is that….
    Whether my grand mother (mother’s mother) who is alive does have right on all/any of these properties including the inherited property of my father?
    Kindly clarify. With thanks,
    Saroj

    • No , the property which was on your mother name and willed to you is solely yours . But if there is anythign which was on your fatehr name , then your grandmother (father mother) will also have one share in that !

      • saroj

        Dear Manishji,
        Thanks for the reply.
        But my query was that, does my mother’s mother (not father’s mother) who is alive, have any right on the un-willed property of my late father (which is under the possession of the legal heirs, viz. wife and children) and on the property my mother received from her mother.
        In fact this doubt arose when I approached the governmental authorities for the legal heirship certificate of my deceased mother. The officer insisted that the legal heirs of my mother are not only the surviving children, but also the surviving mother, and that she will have equal right just as her children.
        Please give me further information.
        Thanking you once again,
        Saroj

          • saroj

            Dear Manishji,
            Thank you very much for your kind response.
            I consulted with two lawyers regarding my case. But both of them opined that my mother’s mother is also a heir to my mother’s property. We belong to Thiyya community in Kerala, and the lawyers say, the system called “maru makkathayam” is still in force among our community. Under this system, for a female death, mother also is a class I heir. But I have heard some where that the above system is not applicable after 1972. Could you help me with right information.
            Once again thanking you,
            Saroj

  99. Ganga

    According to hindu act can a mother leave her property(which is acquired by her) only to one of her children through will?

  100. Namita

    I AM NAMITA. I WAS DIVORCED IN 2002. I WAS HAVING A SON WHICH REMAINED IN THE CUSTODY OF FATHER AFTER LEGAL DIVORCE. BOTH OF US REMARRIED. AFTER MARRIAGE HE HAD SON WITH HIS WIFE BUT NOW MY EXHUSBAND DIED DUE TO CANCER. PLS LET ME KNOW LEGAL RIGHTS OF MY SON.

    Namita
    Pls talk to me if you can.

    9811549098

  101. K.MURALIDHAR

    Good Morning and this is K. MURALIDHARA from Dubai and would like to inform that I am working in Dubai since 13 years and I earned money for my family needs. My father has 3 sons and last one daughter. I am elder one. We are all very good when things are going fine. My father property was not distributed till now. Also, we do not have any agreement on this matter. I earned good money, second one earned less than me, third one earned nil. Third one is not at all saving the money and enjoying the life. Now he is putting a case in the court that I need property from the family. We have a oral agreement that self-earned money belongs to self. But we do not have written agreement. Still my younger brother has not put a case in the court. Whether I can save my properties by donating the same to my father in law (wife’s father). Please advise me how to keep my properties with me. I don’t want to lose my earnings.

  102. Y S PATHANIA

    Read your informative article. Please reply to this case.
    my mother in law died without will leaving behind husband and two married daughters. what will be the distribution of property:-
    1 flat in delhi( both in laws joint owners)
    2 flat in noida( both in laws joint owners)
    3 land in assam( both in laws joint owners)
    4 ancestral land in punjab( owned by mother in law)

  103. Dear Manish,

    Brilliant article! Thanks for sharing it in so much details. If possible can you please answer my query?

    Its about a situation of my father-in-law:
    1. Mother
    2. Widow
    3. One son
    4. Two daughters. One daughter (unmarried) and one married.

    Can you please explain what will happen in this situation? The reason I am asking is because the son has somehow inquired from somewhere that father’s property will only be divided into 2 and 3 and not for 1 and 4. Can you please advise?

    Thanks in advance!

    -Abhi

  104. Sonu Singh

    Hi,
    My father had bought land in the name of my mother. I have 5 sisters & my self alone as brother. So, if mother has a will in the name of me only (i.e. all should be passed onto me) then would anyone else get a share?

  105. Sonam

    My father bought a plot on my name when I was 19. Now my brother challenges that I have no right to sell it as the property was not bought with my own funds and he too gets share in it. Is this true?

  106. Manjula

    Dear Manish,
    I really appreciate your effort in explaining the law in such simple language. I need to know who will be the legal heirs in the following scenario.. I genuinely need this info (and the right info). Your quick response would help me a lottt!!!

    Case: Vithal (My husband) dies in a tragic accident, we have a son. Vithal’s family comprises:
    Mother
    Father
    Brother

    I want to know, who will be the legal heirs according to the law, other than me and my son.

    • Why are you confused if you have read the full article . You can see that if a WILL is written – then whatever is written in WILL will apply .

      But if WILL Is missing , then as per your situation , you , son and mother will be in class 1 and all you will be entitled to equal share , thats 1/3rd each !

  107. R. Kumar

    Dear Manish,

    Thanks for sharing this wonderful and detailed Article.

    Mr. A had 2 sons, 2 daughters and wife at the time of his death 5-6 years ago. Both sons and daughters were already married at the time of Mr. A’s death. Mr. A died leaving Will for the house in favour of his wife. The house was self acquired by Mr. A out of his own income. Subsequently, Mrs. A also made a Will of the same House in favour of her 2 sons in equal share and died few months ago.

    Since Mrs. A got this house from her husband, in my opinion, this house has become ancestral property for her. If this is correct than my first question is whether Mrs. A can make Will for this house which she acquired from her husband? Secondly, can this Will be challenged by any of daughters? Please clarify.

    Thanks in advance.

  108. j

    I have a querry, If paternal grandmom wrote a will to share equally among her grandsons, does grand daughter do not have rights?

    Grandmom died.

  109. Vijay

    A widow lady (A) has three children A1 A2 A3.
    A1 and A2 are sisters and A3 is brother.
    A1 did not marry.
    A2 has two sons (b1 and B2).
    A3 has one daughter (c1) and one son (c2).
    After the death of the lady A her property was distributed equaly between A1, A2 and A3.
    Then suddenly A2 died. now the A2’s share should have been divided equaly between her two sons (B1 and B2), as the father is also no more.
    B1 and B2 are now married and B1 has two kids D1 and D2 and both are minors.
    Now A1 who didn’t marry died. What should happended to A1’s share of proprty.
    The propert is ancesstor’s property and B1 has also died.
    Please explain.

    • So the question is for A1, A1 class 1 heirs are not there now , only class 2 heirs which are two sibligs exist, so it will be divided equally between them and then between their heirs down the line !

  110. dhananjay

    hi,
    my mom passed away last month and i am only son and i have three sister they all have sign that they don’t want any share in property when my mom was alive now they want share in cash so please advice me my two sister is u.s.a citizen and i am green card holder one sister live in india

  111. Mahesh

    Hello Xcellent article with nice illustrations.I have a basic query. If a husband (1st owner)and wife (co-owner) own a house that the husband has acquired from his own income and have 3 daughters (2 daughters married with children and 1 daughter divorced without any kid) and if the husband dies without a WILL, the wife (co-owner) automatically becomes the 100% owner. Is my understanding fully correct?But are there any legal steps (such as mutation,affidavit,NOCs from the 3 daughters or heirs) to be done by the wife (co-owner) to make it clear that she is the 100% owner of the property.If the legal steps are needed, please provide the list of steps with the details of time,charges, etc for completing the steps.I am asking this for ensuring that there is no problem about her ownership on the property in the future from any quarters and especially if the property is to be sold out to any 3rd party in the market.

    Your inputs are most appreciated..

      • Mahesh

        Thanks a lot.I understand it.To get the individual share of ownership on property, do they (I mean all the individuals) have to get sucession certificate?Here the deceased wife is a mere joint holder (meaning the property was purchased by husband from his own income and she is a joint holder just for formality).Should she also have to get sucession certificate? The property is in vashi,navi mumbai.It is a row house and cannot be physically divided.Is it required to transfer the individual’s share of ownership in their individual names.What document is necessary for showing the ownership and will it result in incurring stamp duty and/or CIDCO transfer charges ?If the property is sold later,what is the cost of acquisition considered for the computation of capital gains for each of them?

        Awaiting your help pleasee…

        • Mahesh

          Whatever you do , you will now have to go through a lawyer in between , I think at blog level we should discuss only this much, now you should go ahead with lawyer, there might be many things which are not captured in our discussions and might be required

  112. Mahesh

    My father in law owned a house acquired 100% of it from his own income and jointly held it in my mother-in-law’s names name.He died in Feb’12 without a WILL.They have 3 daughters (2 married with kids and 1 divorces without a kid).All the daughters want the 100% of the property to be owned by the their widowed mother.What is needed to make her 100% owner? Does she require to make any payments to her daughters for transferring for transferring individual daugher’s share of property in widowed mother’s name?Does such transfer involve payment of stamp duty ?
    Or
    Can she become a 100% owner by simply getting sucession certificate,NOCs from the daughters etc for transferring the property.

    Can the mother write a WILL for the property?

    Regards

  113. tejas varma

    sir, my grandpa had a land and a house, with 4 sons n his wife (granma ). he died in 1997 writting a will that the land belongs to his wife (granma ). he didn,t mentioned any thng about house. Now presently my granma want to sell that land and divide it into 5 parts so that 4 parts for her 4 sons and 1 part for her self. is it right to divide it into 5parts??? we want to divide it 4parts is it possible please reply me sir

  114. Vasu

    Dear Manish,

    There is this case. A couple with one son divorce legally with mutual consent. The son lives with the mother. At the time of separation, the mother declines offer of settlement / maintenance for her and the child in writing before the court. After 3 and 1/2 years, the father dies without a will. He did not marry again. He is survived by his parents.

    a) Does the son from the above marriage have any claim on the deceased father’s monies (there is no property of the deceased) and if so, to what extent?
    b) If the mother upon divorce got married again, will the son’s aforesaid right (as in point a above) be impacted in any manner?

    Pls advise.

    Vasu

      • Vasu

        Dear Manish,

        We were advised by few advocates that the son of the deceased person has 50% share in his deceased father’s monetary assets. Can you please mention the relevant court ruling or the relevant section under law whereby it is mentioned that 100% of the assets would go to the deceased person’s parents only, in consequence of the divorce.

      • Dhurandhar Bhatwdekar

        Son will remain a son legally this has nothing to do with parents divorcing. He will get his share.

        Wife after divorce will not get any share.

  115. dhanraj

    Mr. Manish,

    An excellent forum I have seen in my life. Thanks a lot.

    My father has a flat in Mumbai and some bank and shares out of his own earnings, My mother expired and we are 2 sons and 1 married daughter. My parents have given a lot of their earning for my sisters marriage and also have given some financial help in her acquiring a flat very long back. She has 2 sons, 1 has been raised and stays with my father since his birth and now refuses to leave the home as he doesnt go well with his parents (his education and every exp was borne by my father). He is now 24. My father has so far no written any will. But my parents always used to tell me and brother as the only rights in his flat as they have done ample support to my sis. As my father and nephew stay along and me and my brother staying nuclear but close to my father’s place. My father has recently nominated him in his bank accounts. He never disclosed /s any financial matters with my mother and sons. We are not aware of the whereabouts of his will also. Will this cause any tension between us becoz of my nephew all of a sudden claiming him as legal heir on the demise of my dad, he is now 74 and not doing well.

    • Frankly speaking your long story has nothing to do with overall scenario , the rules will be rules, which is like this .

      1. If will is written – What ever is mentioned in WILL is FINAL , it does not matter how much money father spent on sisters wedding and helping them . This is not a reason to say that the other party should get more or less.

      2. If WILL is not written – In that case , 2 brothers and 1 sister are legal heirs , simple , all will get 1/3rd of you fathers assets .. There is no other rule . Your sister son, will not be legal heir

  116. Anand Jain

    Hello,

    My grandfather died 25 years ago. My father has 6 sisters and 1 brother. My grandfather left a WILL saying that my father should take the responsibility of everything after his death. My father did so and did everything for the sisters( getting them married etc)..now all of a sudden my grandmother wants to divide the property among the sisters. How can I challenge it? The WILL is with my father and all the property which my grandfather had left is in the name of my grandfather only ..We have the papers with us. How can we challenge it? Can my grandmother decide who gets what despite not being the owner of the property .

      • Anand Jain

        Thanks for the reply Manish.Really helpful..

        My further question is that the WILL is written on a stamp paper..Its not registered yet. What is the procedure to get it register? Can I claim the property without registering the WILL? In case I want to get it register what all I need to do it? Will the registrar ask all the brothers/sisters whether they have any objection to it?

        • Anand

          The will has to be registered by the person who made it , not you . So now that WILL is unregistered . You need to now get a PROBATE from court to prove that its a valid one . You will spend time , energy and money in this process ,bad luck ! . Meet a lawyer

  117. Suresh Kumar

    Dear Manish,

    First of all, Thanks a lot for explaining the value of a will, especially by taking examples and answering individual queries too.

    My case is a bit peculiar and I would require your help/ opinion on that.

    My family consists of Father, mother, married sister and we two married brothers.
    My Father had a property in which we two brothers and mother/father lived separately on each floor. The property is in fathers name.
    we brothers have had some differences with our sister, over the last few years, but we still visit each other and our parents place, often. While our father was very close to us brothers, our mother is more attached to our sister.
    My father developed dementia in his last few years he did not remember anything related to his assets or finances. Since, we brothers are settled individually in our own professions. we were not involved in the financial dealings of our father, hence we never really knew the financial status or assets that our father used to have, nor does our mother.

    Now, after an year or so after my father’s demise, we (brothers) were planning to reconstruct the house in which we are living, we could not find any original papers of the property nor any returns. There was absolutely no paper trail for the property, when we (brothers) searched the floor on which my mother currently lives. Further, there was absolutely no details about the equities, bank account statements or any pass book that we could find. It looked,as if all important documents related to all assets had been wiped clean. Hence, we (brothers) are unable know anything about the assets. We were able to find only a single pension pass book, which had a large withdrawal of over 40Lacs at a time, when my father was unwell and not in a correct state of mind. This was transferred to my sisters account. We are really sure that there were other accounts with similar balances as well, as my father had sold a property about 10 years back and made quite a few FD’s. however, we do not know where that money is and in which accounts/banks

    Also, we do not know whether my father made a will or not before his death, because he was unwell for a prolonged period before his death, and my sister used to take him to somewhere and leave back. On inquiry she used to say, they used to go to temple about 15 km away, which we used to go till some time back. So we do not know, what actually has transpired and where are the papers or statement. When we confronted our sister, she does want to talk about the money or papers or anything related to the matter, and keeps on avoiding and stalling.

    So what are the options we have?

    I also want to know, how do we get to know if my father made a will or not, as it has been over a year and we do not know as yet.?

    Considering that every document has been lost/missing, how do we approach the matter, if he died without will?
    How can we get a copy of property, equity, bank statements, etc?

    Considering that when my father was unwell, he was coerced to transfer all his assets to my sister? how do we know whether this has been the case, so that we can pursue legal options?

    Sorry for such a long post, but i wanted to present the case and the scenario.

    Hoping for a reply.

    • Suresh

      First thing is that you guys (brothers) are on the bad side already . So the best you can get is fair results out of it , but given the situation you are in , there are almost all the chances that you will suffer . First coming to the existing assets of your father, the least you need to know is what all he had on his name, what bank accounts he had, what property he had, how many policies he had, unless you have a trace of this, you cant take the next step . Even if you know the name of company like say LIC . you can do some kind of enquity to start with asking them if a person with so and so PAN and Address had a policy with them or not ..

      Thats first thing .

      Now if you get a trace of things , there are two possibilities.

      1. The assets are as it is and now its to be divided and get access to , for this you need to approach banks , companies to get access to the assets, which will really be a mess now as you need to bring succession certificates from court and death certificate and might be a NOC from all the legal heirs (your sisters as well) , involve a lawyer if this is the case .

      2. If the assets are already transfered on other accounts and names , then the only and only option you have is to file a case against the person for fraud and you need to also prove that this has happened . This will really get tough ahead .

      You might also want to get in touch with sub registerar if there was any WILL registered there with them by your father , but I think the chances for this is very low ! .

      If you have the proof of that 40 lacs getting transffered to your Sisters account, better file a case against them and prove your points , proving that your father was not in his strong consciences that time to take any decision will help you , this can strech for many years .. just see if you want to pursue it or not . You need to check if “what you will get out of this” is much much more than “what you will pay in this” .

      Good luck

      Manish

      • Suresh

        Thanks Manish for such a prompt reply. I ll dig in further and see.
        Thanks.. We are not very concerned with the cash which has already been transfered but with the property on which we live currently and what all other assets, especially immovable, which we are not aware of.

        i do not know if we can gather information about any other property my father had on his name. Do you know the process, if any, for Delhi.?

        • There has to be a starting point , if you have no idea where was his bank accounts, then how will you move further , at least some clue has to be there, think about it like a case where you are police and to move forward you need a small clue !

  118. Mahesh

    Dear Manish
    I am Mahesh.I tried uploading a query on 12 Dec and I thought it was not successful due to slow server/IN connection.I presented it again as an altogther different query.I found that both the queries are uploaded.

    Awaiting response plzzz.

  119. B S

    Dear Manish ji,

    I want your opinion in the following case.
    Recently my father had expired. I have old mother living with me and 2 sisters.
    My father write a will, in which he explained that my son will be owner of my house in which we live(built by father from his own source) and will dealt all my all bank a/c in case of my death. After his death a piece of agricultural land , which was in the name of my grandfather was divided. Approx. one acre land came in his name. At the time of will this land was not in question and we not expected this land. Please tell me how we dealt with property. Thanks.

    • Now the land is property of all the legal heirs because its not mentioned in the will , now there are 4 legal heirs , son, wife and 2 daughters. So all will be entitled to 25% share in it !

  120. Poonam

    Anuj died 9 years ago without leaving a will or nomination. His class 1 legal heirs at the time of his death were:
    Mother
    Wife
    Son
    Daughter

    Anuj’s mother died 2 years ago.

    6 months ago, Anuj’s wife and children found documents pertaining to some shares Anuj had purchased while he was alive.
    1. Do these shares now pass on entirely to Anuj’s wife and children?
    2. Will Anuj’s mother’s other children (Anuj’s brothers and sisters) also get a stake in these shares? (Since Anuj’s mother was alive at the time of Anuj’s death, will Anuj’s mother’s share go to Anuj’s brothers and sisters now that Anuj’s mother is no more?)
    3. What is the procedure for getting Anuj’s shares transferred to Anu’s wife’s name?

    • Poonam

      1. Yes
      2. No
      3. She has to contact bank and also provide a PROBATE from court to prove that she is the valid legal heir, get the death certificate also , and then open a new demat account on her name , the shares will be transferred on her account .

      Manish

      • Rakesh

        Not sure whether this is a duplicate entry from my end … If yes, apologies for the same …
        Dear Manish … Excellent article – with clearly cited examples. I have just crossed 30, and was always doubtful on whether I should create a WILL or not (at this age) – your article has cleared those doubts.
        Wanted your opinion … (you had answered one similar doubt raised by Poonam on 01st Jan – however, that was pertaining to shares and mine is pertaining to property and house, moreover, situation is slightly different I presume)
        Anuj died 4 years ago without leaving a will or nomination. His class 1 legal heirs at the time of his death were: Mother, Wife, Son and Daughter. A legal heirship certificate (from the village / corporation office) was prepared (after Anuj’s death) with all the four legal heirs listed in the certificate.
        Anuj’s mother died around a year ago.
        Anuj had few properties in his name (two plots and one house), which were not transferred. One of the properties (plot) is an ancestral property, however, has been registered in Anuj’s name (by his father) long ago.
        My doubts are as follows:
        1. Can all these properties (including the ancestral property) be transferred entirely to Anuj’s wife?
        2. Will Anuj’s mother’s other children (Anuj’s brothers and sisters) also get a stake in any of these properties? (Since Anuj’s mother was alive at the time of Anuj’s death, will Anuj’s mother’s share go to Anuj’s brothers and sisters now that Anuj’s mother is no more?). Will there be a need of a release deed from Anuj’s siblings to enable point 1?
        3. What is the procedure for getting the entire set of properties transferred to Anuj’s wife’s name?
        Thanking you in advance for your help.

  121. sunil

    dear manish i want your opinion My father bought a plot in 1996 an died in year 2000 leaving no will survivd by me (marrid daughter) my brother and my mother . My mothr constructed a house on the same plot with the hlp of my brother. the registry of the plot is still on the name of my father but house is on my mothers name. Now my brother wants to sell the house without my mothers consent who is very old. Can i stop th sale as heir.

  122. Durga Partha Sarathi

    Hi Manish,

    Please advice on this situation.
    In a family which consists of a Mother, 2 sons and 3 daughters.
    the two sons worked hard getting their sisters married.
    one of the son and son’s family are dead in an accident.
    Is it proper to say that the property earned by this son can be distributed to mother and the remaining son equally (50% each) and the mother can write her own WILL on distributing her share.
    Infact its not ancestral property and also the two brothers worked hard to settle their sister’s life.

    Kindly suggest.

    Regards
    Partha

    • “Brothers worked hard to settle sister life” . This has no significance when it comes to wealth distribution from legal angle, whatever brothers did was their choice out of love and affection , U cant tell court that because brothers did something like that, then on moral and humanility ground somethign should happen . It does not work that way in reality . Whatever happens will be as per law and only law.

      And here, if you see , the legal heir of the dead son is only her MOTHER , thats all . Brother does not come into class 1 , hence everything which was of dead son, shall go to MOTHER and she is free to choose what ever she wants to do out of that. She can write a WILL and give it to anyone .

      Manish

  123. Rakesh

    Dear Manish … Excellent article – with clearly cited examples. I have just crossed 30, and was always doubtful on whether I should create a WILL or not (at this age) – your article has cleared those doubts.
    Wanted your opinion … (you had answered one similar doubt raised by Poonam on 01st Jan – however, that was pertaining to shares and mine is pertaining to property and house, moreover, situation is slightly different I presume)
    Anuj died 4 years ago without leaving a will or nomination. His class 1 legal heirs at the time of his death were: Mother, Wife, Son and Daughter. A legal heirship certificate (from the village / corporation office) was prepared (after Anuj’s death) with all the four legal heirs listed in the certificate.
    Anuj’s mother died around a year ago.
    Anuj had few properties in his name (two plots and one house), which were not transferred. One of the properties (plot) is an ancestral property, however, has been registered in Anuj’s name (by his father) long ago.
    My doubts are as follows:
    1. Can all these properties (including the ancestral property) be transferred entirely to Anuj’s wife?
    2. Will Anuj’s mother’s other children (Anuj’s brothers and sisters) also get a stake in any of these properties? (Since Anuj’s mother was alive at the time of Anuj’s death, will Anuj’s mother’s share go to Anuj’s brothers and sisters now that Anuj’s mother is no more?). Will there be a need of a release deed from Anuj’s siblings to enable point 1?
    3. What is the procedure for getting the entire set of properties transferred to Anuj’s wife’s name?
    Thanking you in advance for your help.

    • Rakesh

      1. No , it has to be on all the legal heirs name

      2. I am not clear on this, if what matters is that who are legal heirs at the time of division or at the time of death of Anuj , I need to get clarity myself on this point . good that you raised this, but I feel that Anuj Mother share should go to all the legal heirs of Anuj Mother .

      3. As I said , it can be done , all are legal heirs, if the children are minor, may be the wife will be treated as caretaker, but not everything can go on her name because she is not the sole legal heir !

      • Rakesh

        Thank you Manish for the reply. I too heard a similar opinion on my second point. However, I am yet to get a confirmation on the same. Please do let me know if you get a confirmation pertaining to the point. From my side, I will keep you posted on any further updates I get on this point.

  124. daya

    a deaceased married man who didnot make a will seperated fromhis mother regarding ancesstoral property and mother lives in her house which is built by
    his father .my question is that mother has right over his personal property ,L.IC claims in lic wife is the nominee

  125. K Basavaiah

    Dear Manish,
    My father died 3 years back and mother died 2 years back.The properties are
    Father properties
    1.Self acquired
    2.Ancestral
    Mother property
    1.Gifted property by her brother
    2.Self acquired
    Heirs
    1.one male from first wife died 60 years back
    2.Two males for second wife who had said property as above
    (all the two properties gifted to one son)
    3.Two females of which one born before 1956
    Pl.guide me how the properties are to be devided

  126. Vishal

    Dear Sir,
    Q-My Grand Father(Mother’s Father) who had only two daughters (both dead now), died recently, He adopted me when I was 1 month old on stamp paper. He had nominated all his grand children with some fixed deposits in bank. I am nominated little more of fixed deposits by him than his other grand children. How shall we accept the deposits in case of absence of any will. Are deposits to be divided equally or I have right to get my deposits as per nomination.
    Regards,
    Vishal

  127. Vikas Sood

    Very detailed, good and informative article regarding importance of writing a will. However, I have one query and would like an early resolution. please help me. I am in the process of purchasing a 02 bhk flat from a widow. she has 4 children, 03 major and 01 minor. Husband left no will. what will be the process of obtaining the flat through her legally. She needs to be advised by me on this. Request help. Regards Vikas

  128. avanish

    My paternal grandmother had the ancestral property in her name, which was not transferred to her sons/daughters at the time of her death. No one claimed the property or got transferred in their name. My father re-married after my mothers death. He passed away few years ago the property was still under my grandmothers, name.

    Questions : Is his second-wife entitled to inherit the property or it should come to me as it never got transferred to my father..

    avanish

    • She will also have a share . because for your grandmother . your father and you are both legal heir .. So now after your father his wife will also be a legal valid heir .. given that the marriage it self was valid .

  129. ashish kumar

    My friend died without writting a will. He purchased a flat on bank loan of which few bank instalaments were pending .Presently his wife and only son are living in the flat.His widow made all payments due for bank aganist instalments . My friend has living father , mother and brother. Under which rule can widow and his son only claim full succession of property

    • Under no RULE ..

      His wife, son and Mother will be the legal heirs . The unpaid amount which WIFE paid can be claimed back out of the full wealth of husband . So here it will work like this . If total worth of husband wealth is 1 crore and wife paid 10 lacs amount for the flat , then actually it was Debt which was to be paid by HUSBAND , not wife. but because she paid it then out of 1 crore, she will get back 10 lacs , and 90 lacs will remain and then 3 equal parts will be there , 30 lacs for wife, 30 lacs for son and 30 lacs for mother.

      This is what happens when no will is written !

      Manish

  130. Prashanth

    Hi Manish,
    Appeciate your efforts in answering all the queries.Always keep the good work up.

    I have a query my mother purchased a plot and registered in hyderabad a year back.
    The problem is the initial plot owner was a female(self acquired) and she had 3 sons and 2 daughters. she was deceased before we purchased the plot and her 3 sons managed the registration process and sold the plot to us and they have given us a notery document stating that they are the legal heirs of that property.
    Now we want to sell the property but people raise a concern in the link documents.

    Please advice necessary steps to fix this issue.

  131. Sachin Joshi

    Sir,

    My friend died without writting a will. My friend has widow, son (11 yrs), daughter ( 07 yrs), living father , mother, married brother and married sister .
    The father and mother of my friend gets good amount of pension every month and were not financially dependent on him.
    Under which rule can widow and his childrens only claim full succession of property and compensation amount ?

    • Under no law ! ..

      Without WILL means HINDU SUCCESSION LAW will come into picture and Mother is one of the legal heirs. She is entitled for 25% of the share, no matter what is her financial condition !

      Manish

  132. rajesh

    I am rajesh and i am in utter confusion in claiming the property of my uncle who does not have any son(not married).
    Let me brief the situation in detail please help me whether i have rights to claim the property.

    My mother’s family member separated the property of my grand father after his death trough court decree.

    The people who got share are 1.grandmother , elder uncle 1, my mothers’s elder sister, my mother ,younger uncle (2), younger uncle 3(unmarried) and last uncle (4) unmarried..

    * my mother died on 1996 and her hair are my father , elder brother and myself.
    * my grand mother died on 2008
    * my mother’s elder sister died on 2008 and does not have any child only her husband is alive.

    * my uncle number 3 who is unmarried died on 2010 and does not have any WILL

    * my first uncle also died on 2012 and has his wife, 3 daughter and 1 son

    MY doubt is whether my family member that is ( my father , my brother and myself) has right to claim ONE of share of the property owned by my uncle?
    Because, we are predeceased sons of the sister for the person( my uncle who does not marry and did not have any will).

    Please help me to take a move. as my remaining uncle and uncle’s sons are not ready to settle money or any compromise for my family and to my ‘mother’s sisters husband’
    Awaiting a response as soon as possible. Thanks in advance.

    • From what I understand , there is no CLASS 1 legal heirs in case of your died uncle, now comes the CLASS 2 . SO You will be one of the CLASS 2 Legal Heir . You should be getting one of the share, just catch a lawyer and fight the case, you will get one share .

      Manish

      • rajesh

        THANKS MANISH

        I have one doubt, as u told i am coming in class 2, in the class 2 first person is father then brother and sister after that only i am coming as “son of predeceased sister “. so brother is coming b4 me (that is my two uncle ) in that situation all the property will be going to uncle right ? still i have rights to get my share as i am coming in a order after them ?
        as of my small knowledge according to the class 2 the person who is in earlier classification will be preferred for the property and the person who comes after them will not be considered

        • There is no ranking like that .. all the people in a class are equal . So you are as equal as others in same class 2 . In the article it was just mentioned in a order, it does not mean anything.

          • rajesh

            oh thanks Manish,
            I just got suggestion from a senior advocate but, he told brother/sister is there b4 me so brothers are alive so all the property will go to them equally as my mother is not alive. i am coming as (son of predeceased sister ) and i wont get any share :)
            its confusing to me……

            • I think its not right ..

              You should also consult with 1-2 more lawyers . You are son of predeceased Sister . Which is a valid Class 2 heir . There is no hirarchy as far as my understanding goes.

              So you should be a one of the legal heirs

              • Dhurandhar Bhatwdekar

                You are NOT entitiled to successiona as Heirs in the first entry of Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

                CLASS IInd HEIRS

                i) Father – Not Alive

                ii) (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (Uncle who died in 2012 gets the share which will pass down to his family, any other brother sister alive as on date of death will get the share) (4) sister (Your mother died in 1996 ie predeceased so her family does not get a share)

                iii) (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’ daughter’s son, (4) daughter’s daughter’s daughter.

                iv) (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

                v) Father’s father; father’s mother.

                vi) Father’s widow; brother’s widow.

                vii) Father’s brother; father’s sister.

                viii) Mother’s father; mother’s mother

                ix) Mother’s brother; mother’s sister.

  133. jayalakshmi

    sir my husband passed away in an road accident now his father and mother have included their names in legal heir certificate saying it is compulsory in tamil nadu to include parents, is this valid, i have two sons one major and one minor kindly advise

    • If WILL was not written, then FATHER can not be a valid legal heir, only mother , wife, chilren are legal heirs. So in your case, 25% share is for mother, rest should be yours becuase you are 3 people

      • jayalakshmi

        sir in the legal heir certificate fathers name is included how can the government do this ?now these people are cheating me even shares bank accounts and deposits they have transferred

  134. Srishti

    Hi Manish

    I have a query, this is regarding a legal tussel in my family due some issues in the property distribution.
    Now, my great grandfather left behind some property in Tamil Nadu and wrote a WILL, stating two rules: This is in the 1960s
    1. Property Should not be sold
    2. Property Should not goto daughters.
    My uncles who are the legal heirs are following only the rule no2 very strictly, so cleverly keeping away the property from daughters & sisters. But they are completely transgressing the first rule. They secretly selling the property without anybody’s consent in the family!
    Please guide me in this, as I want to fight it out and bring justice to the great grandfather who wrote the Will and left behind the property.

    Thanks very much
    Srishti

  135. Saiba Singh

    Q. My maternal Great grandfather made the property and had left it in a Will to his three sons. The property was divided among the three of them. But my Grandfather did not leave a will and left behind a wife and two daughters. Are we as grandchildren equal successors in the property? Do minors qualify for this? What is the law according to the Hindu Succession Act ?

  136. Ved Prakash

    Dear/ Respected Manish Jee,
    Please help me out on this.

    My grandfsther has four sons, i.e UR, NR , MR and SS. Out of the four only UR purchased a piece of land and all others inherited ancestral property from my grand father, who in trun inherited it from his fore fathers.

    NR and MR were married in same family and wives of both were sisters. NR did not have any issue and adopted eldest son of MR as his legal heir. Adoptation is registered. Time passed and NR’s wife died. NR remarried and bought a lady who was not welcomed by adopted son of NR or by family memebers of MR.

    Now NR has sold a share of his property ( identified as plot property on FARDH) concsent of the adopted son was taken in this case. Another fact is NR is not the only owner of this property, he is a mere share holder (1/3 share holder). The sale has been registered in the tehsil. Registery number is available.

    Question is — can adopted son reclaim this property sold by NR with out his consent ( without consent of adopted son). This adopted son is a major and stays away from the village where NR has sold the property.

  137. Ved Prakash

    Dear Sir,

    Still awaiting reply on my last querry — UR,NR,MR and SS. Can adopted son move to court to reclaim property sold by his adopted father?

  138. ranbeer

    my uncle had one elder brother and a mother in his family. His father had a property which was divided in three shares. The elder brother got mother’s share also because she stayed with him. My uncle got only one share and he bought new property from that amount. Now he died leaving behind one son only. My query is that will his mother who gave her share to her elder son also be eligible to claim her share? or the property would belong to my uncle’s son only? Because my uncle had already been maltreated when two shares were given to his elder brother. Is there any law where a mother who had relinquished her share in favour of her one son is prohibited from claiming share in property of her other son who purchased that property from his own share. Wont there be injustice when she would claim share in property of her deceased son just to give it to her elder son again.

  139. ajay kumar

    Dear All

    i am buying a property from the widow of the property owner who died ten years ago. Now the papers are not in favour of the widow the only legal heir in class 1. How to ensure that after my buying the property nobody could stake claim anyhow or specifically under any will which is not surfaced still. Suppose i bought the property from the widow and now somebody claims that husband has made a will in my favour, then i will be in problem. How to ensure clean title transfer in my favour.

  140. Jagruti

    Hindu Gujarat state issue

    Father died 30 years ago. We thought he had not left a will, but when going through some old papers we have just found it. Can the will still be used which has never been registered to date for his property. Right now all his kids names are on his property along with his wife, our mother. He had willed his property to our mother and one brother who is dead, and who in turn willed his assets to our mother. Can we use the will and remove the children’s names off the property?

  141. sarabhjeet singh

    Dear Manish Ji,

    One of my uncle (step brother of my father) has taken possession of land his real brother, who is absconding for last 20 years and now he is not ready to share the land with his other brothers. Is my father equally shareholder of the land in the name of my uncle who is absconding (since that was step-brother of my father). In the eyes of law is there equal legal right to the step-brothers/sisters. Should I take legal recourse through filing a civil suit or I should write to Dy. Commissioner to complain the matter. Please guide….

    Regards
    Sarabjeet

  142. mahesh kumar

    Respected Manish ji,
    This question is regarding my aunty. There was a property of her father-in -law who died intestate leaving behind three son and wife. The eldest son was married to my aunty. The property was three storey bulding and all three brothers occupied separate floor. The mother lived with younger brother. Due to frequent quarrels with his mother and younger brothers the elder brother wanted separation from joint property. But his mother refused to give him any share in the property of his father because she loved her other son more than the elder one. The property was situated in a lal dora area of delhi. My aunty’s husband was not very educated and he wanted to take away his family from such daily conflicts between him and his mother. Therfore, he decided to purchase some other accomodation for which he wanted his share from the property of his father. So that he could sell it.After involving some senior people of locality and their biradari the mother agreed to give share to her elder son but on one condition that first of all property would be transferred in her name and then she will give the share to elder son. Thus all three son released their share in favour of their mother and she made agreement to sell with general power of attorney and receipt of payment duly witnessed in favour of her elder son. So my aunty’s husband had to buy his rightful share from his mother so he could give his wife and children a better living atomosphere. He sold that floor later on and bought a new property.Now he expired few months back and my question is that does his mother still has right in his property purchased by selling his old property?

  143. Poonam

    Hello,

    I have a query related join name property… we want to buy a property join name of my father in law and my husband.. if we take property in join name, will half share of the property can be will ? and if he give in will that his kind of share will go my sisiter in law, will be be half share need to give her after his death ?

    we will be selling house with my father in law name and putting all extra money from our side to buy a new property.

    please advice same.

  144. Unnikrishnan

    my husband’s sister who was married has died 3 days before. they have no children and her husband has no direct brothers or sisters nor mother and father. their family has one distant relatives not direct sister’s husband’s grandfather’s brother’s son’s son staying near his house. sister has no father and mother and also no children. who is the legal heir of her properties. she got the property from his father and from ancestral. who will get the property

  145. KK

    My grandfather died without creating will and is survived by my grandmother, my father and uncle, son of predeceased uncle and two married aunts (i.e. had 5 children). He left behind agriculture land measuring 10 biswa which was ancentral and agriculture land purchased by him measuring 10 biswa.
    Pls suggest the legal position of all the heirs and how the grandmothers share will be settled after her demise or can she prepare WILL for her share.
    Pls reply in detail.

  146. vinoth

    Hi Manish,

    I need a clarification.

    My Wife is the only daughter for her Father. My wife’s father died in Jan 2013 & her mother already died in the year 1999. Her Grandfather (Father’s father) is still alive , he is aged about 92 & Her Grandmother (Father’s mother) already died in the year 1986. We are in the process of applying legal heir certificate. As per the Hindu succession act 1956 Grand father is coming in Class II. Hence in the legal heir certificate we have given only my Wife’s name since she is coming under Class I. But when the Revenue inspector came for verification, he is asking about Grandfather’s availability.
    Why they should ask about his availability? Is there any rule applicable that we should need to add Grandfather’s name on the Legal heir certificate?
    Please clarify.

    • This should ideally get confirmed with a lawyer who deals with these issues. A grandfather NOC might be required . Who knows there was a WILL and you guys dont know about it , which grandfather knows about . So you need to do things face to face with him first !

      • vinoth

        Hi Manish,

        Thanks for your response.

        Sorry iam not clear about your comments. There is no will, iam 100% sure. We had a face to face discussion with Grandfather. Do you think still we need to get NOC from him? If yes, then is it not violating the Class I legal heir info from Hindu succession act?
        If we submit NOC from Grandfather, then we don’t have to include him in the Legal heir certificate ?
        Please clarify.

        • Vinoth

          Try to understand . When you say “I am 100% sure” . How does others believe , What is you are lieing ? Are you getting it ? There is no way for me or anyone to believe you when you say that you have one to one discussion with your grandfather . Also these legal matters are not that simple .This article is an introductory material to understand the basic framework , Just for your knowledge. It does not replace a lawyer !

  147. gunasekar r

    dear sir,my wife is elder to her parents, my father-in-law died on 28-09-2001 and he was not write any will,now my mother-in-law write a will mentioning that the property belongs to her(my father-in-law bought two houses by the name of my mother-in-law worth of 1 crore)wil be given to her two sons eaqualy.While applying the legal heir certificate my mother-in-law hided out my wife’s name,legal heir certificate issued by the authority without my wife’ name .Please explain me my wife can claim share in her mothers property.

    • the point is the property is in name of mother, so its her property , your father in law’s death has nothing to do with it . Now she is free to give it away in WILL to anyone she wants !

  148. P.SARATHI

    Dear Mr.Manish,
    Great article and excellent contribution you are doing for investor awareness by patiently replying in detail to the querries raised in this forum.Keep it up.I am a real estate consultant based in chennaiNow I want to take your expert opinion regarding similar such situation in a property of my client.This property(Flat) is situated in Chennai,Tamil Nadu and the original owners and my client who is the first puchaser are hindus. This is a 10 year old flat purchased by my client by purchasing one flat constructed on the land of a Hindu female widow who has no children.She has got a land (5 grounds) as a legal heir of her deceased husband being class1 legal heir.They did not have any children and she did not got remarried.Assuming there are no other class 1 legal heirs of her husband at the time of his demise the surviving wife got inherited the entire 5 grounds.There was no will etc.Now in her life time, the widow has beueqthed 4 grounds out of this 5 grounds to the class2 legal heirs(5 nos) of her husband namely hubands brother or brothers sons ( These 5 people are mentioned in the legal heir certificate of the husbands brother) and this has been duly probated in the court also.She has kept 1 ground for her use which she has given to a builder under construction agreement for building 4 flats .The builder has earlier helped her to pay off some loans taken by this widow against this 1 ground under the arrangement that he will get 2 flats out of the 4 flats constructed on this 1 ground. The husbands legal heirs who got the 4 grounds also have given thier land to the same builder for putting up 8 flats in their 4 grounds under some construction agreement / jv agreement.After the construction is completed the builder has taken 2 flats as per the arrangement and 2 flats remained with the female widow. Immediately after the completion of construction the female widow dies without writing any will(not sure about this as no will is found till date ) for this 2 flats (Remember she does not have any children) and this 2 flats go to her class2 legal heirs of her husband as per hindu succession act .This class 2 legal heirs are the same 5 persons who are the legal heirs of her husbands brothers son as mentioned earlier.It is not sure that her husband had how many brothers and sisters actually as this fact cannot be ascertained as there is no contact with this family since it happened 10 years before.10 years before this 5 person along with 1 more relative(may be another brothers son) of the husband family have given a power to a X person for selling of the property. Based on this POA one flat of this 2 flat was sold to my client by registered sale deed.6 sellers (5 legal heirs + 1 more relative) has been represented by their poa MR.X who has signed the sale deed and thus this flat was conveyed to my client who has purchased it by availing a bank loan.Now after 10 years he is selling this flat to my another client who is going for a bank Loan for this purpose.The original sale deed,construction agreement are with my seller client.Pls note that there is no Legal heir certificate available for either the husband not his female widow.Only a copy of the husbands brothers legal heir certificate is available.Copy of Death certificate of the couples are available.
    The Lending bank after scrutinizing all the docs copy available and the originals available with my seller client says there is no evidence showing that the couples have no issues and can we show any evidence for this and also what is the proof that there is no other brothers or brothers son are not there who can also entitled to a share if they exist.Giving this argument the banks legal cell is reluctant to give a go ahead for the sanction of the loan for this property.Also they are questioning how a 6th person has joined in the sale deed execution by which my seller client has got the property. The 5 legal heirs it seems also has not got any succession certificate or letter of administration by the court for this flat.Now my seller client is enjoying the property for 10 years without any hindrance. The legal heirs of the husband or the builder are not traceable now.My buyer client is still keen to buy this property but he can buy only through a bank loan.Now the lending banker wants some more evidence to approve the loan.Even the sellers client’s argument that he has already got a bank loan for the same property when he has purchased this flat without any problem and the bank has extended the loan on the same set of documents which are available now.In this scenario I want your expert advice what can be done or what minimum docs can be given to make the lender bank approve the loan.And what is the risk to by buyer client if he purchases this flat after such approval.Both the parties are keen to close this deal.so pls suggest what best can be done?
    I hope I have made the situation some what clear to you.If you want any more details pls let me know.Sorry for posting such a complex long question here in this forum.I would appreciate your earliest response to this.Thanks

    • Actually its getting very long and things got confusing .. Rather than the full story , can you ask specific question , like

      – What happens when there is NO will and there is no one in class 1 ? something like this ,

  149. Sneha

    hi manish
    a great article for a basic knowledge. just one point to clear out, the division that is being talked about is of properties and investments. when a person dies and he has a proprietorship concern which is inherited by his wife (who is defined as proprietor under income tax act due to legal heirship) then what are the chances that she can make a will and transfer the whole business of the dead husband to a specific person..? what is her atatus as owner of that business? what is the status of the children which involve three male sons and four married daughters…?

    • If a business is there , which is shared by husband and wife, then its seen that legally who owns the business. I mean if its a sole proprietership and there is a shop act for that, then who is registered there ? If its husband, then its husband property. If there is a partnership , then both parties are owner for their shares . So even if there is a business there is a clear definition of who is the owner !

      • Sneha

        thank you but i guess i was not clear at my point….. i said that its a sole proprietorship i.e it was in the name of the husband. after his death the business assets and liabilities were transfered to the wife’s control and thereafter she runs the business in capacity of proprietor. now who will be the OWNER?? ofcourse if she is declared as owner she can make a will… but what is going to define whther she is owner coz she doesn’t own the business via earning…she has just inherited it after husbands death….

        • Inherited HOW ?

          How did wife inherit is the question .. Was she the only legal heir or were there others (like mother) , Mother can claim NOW , that it was all transferred without giving her any share …

          But if wife was the only legal heir, and now things are on her name, then she can WILL it !

  150. Jayesh

    Hello Manish,

    Thanks for the awareness on how important is WILL. Can you please help on on one query.

    One of my cousin sister husband died last year with out any Will. They have a Child.House is in his name and had taken loan to purchase the land and then construct the house. This loan is cleared by the department he was working at the time of full settlements. Now my question is can Mother in Law of my sister claim from this house.

    Please Help….
    Regards
    jayeish

  151. vamsi

    Hi Manish,
    I along with my wife’s brother(brother in law) runned a bussines jointly few years ago(not now).
    We purchased a house on name of my father in Law with the money taken from our bussiness profits which we ran jointly.
    Later my father in law died with out writing a will.
    Now my brother in law is planning to to sell that house without my wife’s concern/sign.
    What are the steps we can take to clame my wife’s part of share in the house and also clame 50%share of the as it was purchased jointly(this as no proof as we took by paying liquid cash).

    We have sent notice to my brother in law stating the same and we are planning to take stay order from court tomorrow.
    I have few doubts as below :

    Can he sell the property without my wife’s signature?
    If he says that he would pay only my wife’s part money which we are not willing to will the court agree for it.

    If we are intrested to take the house by paying my brother in law the rest of the amount will it be the market value which we need to pay or the government value it the issue is in court(we have sent notice to him and we are planning to get stay on the house.)

    Please help us in this regard

    • First point is , if there is no documentary evidance, then its a LIE (in the eyes of law) , so as you are saying that the house was purchased on your father in law name in cash , and even then there is no proof . then its as good as a lie . Its a mistake you did .

      Now coming to the main point, your father in law property will be divided between brother and sister both and they are both legal heirs . So he cant sell it off without your wife consent , unless he going through a wrong route . Better go to court asap

  152. Debanjan Ray

    Dear Manish,

    Can you advise on the case below?
    1) My Father-in-law (say, M) had one brother(N), and two sisters (O and P). A property was bought in the name of my mother-in-law (Q) and O.
    2) Before the property was bought , N passed away.
    3) N was married and childless.
    4) N’s wife (R) is not traceable. She is missing before the property was bought. We do not know where R stays or whether R is alive.
    5) We heard R had brothers and sisters. We do not know how many.
    6) M, O and Q died intestate.
    7) Only P is alive. P has one son (S), and one daughter (T).
    8) My wife is the only child on M & Q.

    Q: Who shall get what proportion of share?
    My calculation: My wife shall get 66.67% (50% from Q + 50%* 1/3 from M). R 16.67%, and P 16.67%.
    Since R is missing, what to do?

    with best wishes
    Debanjan

        • Debanjan Ray

          Since both the original owners are female (Q & O), hence I think Class I or Class II, may not be applicable (section 10 and 11), rather section 15 and 16 i.e. hindu female dying intestate may be applicable.
          So, clause 15(1)(d) i.e. “upon the heirs of the father;”, which is “brothers and sisters” of “O”, i.e. are applicable.
          I am not sure, when a hindu female dies intestate, then only surviving brothers and sisters are considered, or, heirs of pre-deceased borther ( N) are also considered.

  153. Ankit

    Hi Manish,
    I have some questions in my mind which are bothering me since last one year. I need your valuable suggestions and help regarding the same. My queries are:

    1. My unmarried Aunt (Father’s real sister) expired last year. I wanted to know if she had left behind a WILL or not. So please guide me where should i make an enquiry about the same.

    2. Secondly, if the will is not there then do i and my mother have legal rights in her property and assets or not, as my father expired too. My grandparetns (parents of my aunt) expired as well and in my grandfathers WILL he has mentioned my name.

    Other relatives of my AUNT are her married sister (my aunt, Buaji) and her married brother (my uncle, tauji). If will is not there who all will be treated as legal heirs of the deceased aunt of mine.

    • If will is there.. great .. then whatever is written there will be done .

      Else, if its not written .. then in this case, as parents are also missing , all the siblings will be the legal heirs , you personally will not be one of them . Your mother will be .

      There is no harm in claiming a share anyways, when you do so , if there is a WILL , it will come out anyways !

      • Ankit

        Thank you so much Manish for your valuable suggestions. But What I really wanted to know is, if there is any particular government department or legal way to know that whether my aunt has made a WILL or not?

  154. Mita

    Dear Mr. Chauhan,
    Father died in 2001 and mother in 2011 leaving an older daughter married living abroad and a younger brother who lives in the parents house with his family. Brother barely makes a living and widowed mother supported brother’s entire family of four members until her death in 2011.

    Father did leave a will, which the sister never got but the will was seen by father’s CA. Mother talked about the will to sister, family, and friends. Although, now brother claims the father never left a will. Mother did not leave a will. Either way sister does not have a will. The said will was not registered, nor probated. In court papers, brother claimed father died instate.

    Parents wishes were to bestow a small flat in Mumbai to sister and the large parental flat to brother. Brother set a plan in motion right after father’s passing in 2001, to cheat sister out of the small flat. He used an excuse about using it as an office and took over the smaller flat. Now brother has possession of both flats.

    When father died in 2001 and sister wanted to bring mother back to her house in the US for a visit, to help her grieve her loss. Brother had sister write a letter (hand written and under false pretense) that she is willing to give up her rights to the larger flat in favor of mother 50% and brother 50%. He claimed he had signed a similar paper for sister regarding the smaller flat. Sister, trustingly, never asked mother or brother for any paperwork.

    After mother’s death in 2011, sister had the smaller flat society approach brother for documents, oblivious to brother’s plan to cheat sister out of her rights. Brother told society to get lost. Brother refused to share any documents with sister for example parents death certificate, will (which he claims does not exist), share certificate of flats, no photographs, mementos, nothing.

    Sister at that point wrote to both societies to stop any transfer, got a lawyer and after repeated effort to get a response from brother filed a lawsuit. Brother wrote to small flat society staking his claim of 50%. Sister is willing to part with 50% of the smaller flat if brother is willing to give 50% of his flat. Brother’s lawyer’s claim is that sister gave up her rights to the mother and brother therefore she is not entitled to anything of the parents estate.

    Brother took all mother’s movable property like cash and jewelry.

    In addition, brother used the signature from the hand written note and forged the signature on some other documents that the sister has never laid eyes on before.

    Even if the hand written note to large flat society holds up in court, sister gave 50% to mother. Isn’t she entitled to at least half of mother’s share in large flat or 25%? Sister is willing to take 25% of large flat and 50% of small flat but brother states lets leave these things up to the Bombay High Court. Brother is banking of the fact that courts are notoriously slow.

    What are the sister’s chance if she is willing to wait for the courts to decide on this case?

    Thank in advance for your time.

  155. Mita

    Dear Mr. Chauhan,
    Father died in 2001 and mother in 2011 leaving an older daughter married living abroad and a younger brother who lives in the parents house with his family. Brother barely makes a living and widowed mother supported brother’s entire family of four members until her death in 2011.

    Father did leave a will, which the sister never got but the will was seen by father’s CA. Mother talked about the will to sister, family, and friends. Although, now brother claims the father never left a will. Mother did not leave a will. Either way sister does not have a will. The said will was not registered, nor probated. In court papers, brother claimed father died instate.

    Parents wishes were to bestow a small flat in Mumbai to sister and the large parental flat to brother. Brother set a plan in motion right after father’s passing in 2001, to cheat sister out of the small flat. He used an excuse about using it as an office and took over the smaller flat. Now brother has possession of both flats.

    When father died in 2001 and sister wanted to bring mother back to her house in the US for a visit, to help her grieve her loss. Brother had sister write a letter (hand written and under false pretense) that she is willing to give up her rights to the larger flat in favor of mother 50% and brother 50%. He claimed he had signed a similar paper for sister regarding the smaller flat. Sister, trustingly, never asked mother or brother for any paperwork.

    After mother’s death in 2011, sister had the smaller flat society approach brother for documents, oblivious to brother’s plan to cheat sister out of her rights. Brother told society to get lost. Brother refused to share any documents with sister for example parents death certificate, will (which he claims does not exist), share certificate of flats, no photographs, mementos, nothing.

    Sister at that point wrote to both societies to stop any transfer, got a lawyer and after repeated effort to get a response from brother filed a lawsuit. Brother wrote to small flat society staking his claim of 50%. Sister is willing to part with 50% of the smaller flat if brother is willing to give 50% of his flat. Brother’s lawyer’s claim is that sister gave up her rights to the mother and brother therefore she is not entitled to anything of the parents estate.

    Brother took all mother’s movable property like cash and jewelry.

    In addition, brother used the signature from the hand written note and forged the signature on some other documents that the sister has never laid eyes on before.

    Even if the hand written note to large flat society holds up in court, sister gave 50% to mother. Isn’t she entitled to at least half of mother’s share in large flat or 25%? Sister is willing to take 25% of large flat and 50% of small flat but brother states lets leave these things up to the Bombay High Court. Brother is banking of the fact that courts are notoriously slow.

    What are the sister’s chance if she is willing to wait for the courts to decide on this case?

    Thank in advance for your time.

  156. max

    Hi Manish Sir

    I do not have an adoption deed of my parents but a registered will of my father. Is this enough to prove that I am a legal heir of his property . Please let me know as there is a dispute going on because of this in the court.

  157. Hi Manish ,
    My uncle is the deceased who died two years back by nominating for bank amount and also wrote a will in favour of my mother. Now my uncle’s wife i.e, my aunt is claiming for the succession . Now my question is that according to Law whom does the amount goes

    • If will says your mother, then obviously, your mother will get it . The only issue now is , is the WILL registered ? If not, the wife can always say that WILL was written under pressure or its just false .. and things can drag for years in court !

  158. Raj

    Hi everyone. I have a small doubt. My grandfather and grandmother (mum and dad of my mother) decided to share their property among four people. My Grand parents have property regarding land. My mother and father got expired in accident. I aged 19 years and my sister 13 yrs were the only legal heirs for my mother and father. My doubt is my grand mother and father (mother side) have four people as legal heirs. Two ladies and two gents. Among these all my mother who expired is elder next comes my Pinne ( sister of my mother ) and next the other two gents brothers of my mother who are younger then my mother.
    briefly the order according to elder is
    1. my mom ( expired on accident) age 45
    2. my moms sister age 44
    3. Brother one of my mom age 43
    4. Brother two of my mom. age 40.

    My question is do I get any share in the distribution of property from my grandparents ( my mother’s mum and dad ). Please Help me

  159. raju

    Hi Manish,
    Would like to seek law view in case of my deceased father’s property succession without a will.
    My father has raised a property by himself (no ancestral inheritances). when he died he had 2 sons & a daughter & a mother (all Class 1).
    Later on mother also died. Now remaining sons of my grand mother viz brothers of my father (Class 2) are claiming right in our property through share of my Grand mother.
    I want to know whether Grand mother’s share ceases immediately after her death or is further passed on to her remaining sons.
    Thanks in advance.
    Regards,

    • grand mother right will cease after her death and your father brothers dont have any claim in property . If that was not the case, there is no point of class 1 and class 2 , brothers and sisters will always be able to claim the right ! .. Dont worry .. meet a good lawyer !

  160. Rajesh

    My Father died in 1998 without leaving any WILL. He left behind my Mother, myself and two elder brothers. He owned two flats when he died. My mother and I live in one flat while other flat is occupied by one of my two brothers. My third brother owns his home and lives there. Me and my mother are not getting along very well with two of my brothers. My brothers have threatened us that they will evict us from flat we occupy right now. We have been in possession of this flat living there since last 20 years.

    Please suggest if it is possible for them to evict us? What should we do in such a scenario to keep ourselves safe?

    • NO , they cant .

      All your father property will be divided among you four people in 1/4th ratio . So talk to a lawyer and settle this matter and what goes to whom very fast. Dont leave this matter till end, anyways its late now .

  161. bhrat shah

    kindly clarify my queries as under:
    1. whether could be the life insurance sum insured payable to the nominee an asset under WILL? this is just it comes in existence only after death of the insurer.
    2. can a Hindu husband make a will(registered) completely in favour of his parents , keeping his wife out as beneficiary , stating her nature as self centered, and egoistic in the will, for future of his minor kids? (living together throughout life). does any law prohibit the same? could it be challenged by wife in the court after the husband’s death?

  162. Prashant

    Hi Manish,

    My father owns a flat in Mumbai since 1990, in the year 2002 we all moved to Bangalore. After moving to Bangalore, our building members decided to form a co-operative society which was pending for a long time. My father become the registered member of the co-operative society and was issued with a share certificate. He expired in May 2007 without keeping any nomination of the Flat.

    Now we (My Mom and younger sister) have decided to transfer the flat in the name of my Mother who is the wife of the deceased and legal heir to the property. I have 2 sisters, elder sister is married and younger sister is single. I and younger sister have willingly signed an NOC for the transfer; whereas my elder sister is not willing to sign the NOC. Her husband is seeking a share in property whereas we are not willing to give any share because of some other family issues.
    Our Secretary has told us in absence of NOC from elder sister (elder daughter of deceased) they will not transfer the ownership to deceased wife (my mother).
    Since my elder sister is not willing to transfer the flat in the name of mother, kindly advice how we can get this done? How we can convince the society secretary to transfer of ownership in absence of single noc from one of the deceased daughter.

    Your intervene in this matter will be appreciated.

    Awaiting your help.

    • I think society secretery cant just go with your pleeds and do it , there has to be the legal procedure . You need to move to court now and get the court approval to do this. But before that did you father have any will which said that the property has to go with mother only ? If not , then the property is legally divided into legal heirs and your sister is one of them . So she is legally strong .

      You need to now give her the share she deserves legally ! .

  163. Devidutta Panda

    Hi All,
    Need Help on the below case which belongs me…

    We Buy a property from a person A on 2001, but the property was in name of A’s Father who died on 1995.We got the mutation and Possession on my name..We also constructed a Home and Boundary on the Plot …and using this since 2001 ..but now due to the Family dispute of A’s Son(A died on 2007) and A’s Sisters ..
    A’s Sisters has suit a case to get the share on the same plot and apply 144 Rule …

    But Still there are 80 Decimals of Land with A’s Father and The concern property is of 33Dec. So Can the Sisters got there share from the rest 80 dec Of land or We have to loose our home ..on which we are residing..Even we were unware of the fact taht Z’ has 2 sisters and …

    • No I dont think you have to loose anything here , because now the plot is officially on your name . The money which they got by selling you should be shared with sisters. Have a good lawyer on your side !

  164. Malik

    Hi Manish,

    I have a following question in regards to the Hindu Succession Law. My Mother had inherited a house from her father through a Will. 2 years back she passed away without writing a Will of her own. As of now the sole survivors are me and my father. I would like to understand that how would be the property be divided. Keeping in mind the all the Succession Act-All Sub Sections and Amendments

    • Would it first go to my father
    • Would it go to me (Son)
    • Would it go completely to me. ( Son)

    Have heard a number of versions from a number of lawyers I have sleeked opinion from.

    Thanks
    Mayank

  165. Sunny

    Father ‘A’ & Mother ‘B’ have made Bank Fixed Deposits jointly with daughter ‘C’. A & B have 2 more children. Assuming there is no WILL & in case A expires then can A’s name be deleted & fixed deposits assigned to B & C without distributing A’s share to the other 2 children.

      • Sunny

        Thanks Manish. I have one more question. Person A has 2 married children from his divorced wife B. His preset wife C has an adult son from her 1st marriage. Person A plans to form a Private Trust now and transfer all assets to the Trust after his death through a WILL. The Trust will distribute assets to the beneficieries as per the WILL. Now the question is when C dies, person A doesn’t wish her assets to be transferred to her son. Instead the assets should be transferred to the Trust. What need to be done in order to ensure this. Can C’s son qualify as her legal heir?

  166. SB

    Hello, my late father died last year without a WILL. He has a house in his name and which he purchased with his own income. We are two sisters(including me) and my mother as his survivor and we are HINDU by religion. My grandmother(father’s mother) has expired in 2002 and my father’s death certificate also mentions his both parents as “late”. Me, my sister and my mother want to sell the house. Can we sell it with only my father’s death certificate and our PAN cards and voter’s card proving as the Class I survivors of Hindu Succession Law in India ? Please suggest if we need to produce any other document while selling the house.

      • SB

        Thanks for your response. However, I want to know if we can sell the house without transferring in any one person’s name. At this point, me, my sister and mother are ready to sell it and we have a buyer ready to buy it. Will there be any complication if we three sell the house directly to buyer without transferring it to any one’s name ?

          • Vasu

            As long as all successors are declared as the sellers of the property noting the original owner and information of the relations how they are entitled to sell it and with necessary documents such as death certificate, succession certificate, etc , you can sell it with transferring name.

  167. siddheshwar

    query!

    If a hindu female dies leaving behind a minor son and a widower, will the widower (who has married subsequently) have any succession to her movable/immovable property inherited as successor to her mother?

  168. Need Help

    Dear Mr. Manish,

    My grandfather had a property which was divided in 6 parts after his death. 1 part to my grand mother and 5 parts to his 5 sons.

    Now the query is on that 1 part which my grand monther has inherited.

    My grandmother has written a will in which she wants her part to be given to one of her Sons/Son (Grand son) after her death.

    Can she give her property apart from her sons?

  169. Nimit

    Hi Manish,

    I would like to know that, whether an ancestral property can be divided in the court if only one among three heirs (Class I) are interested in division ?
    In case you can point out to any article or web-link relate to the same then it would be great help indeed.

    Thanks,
    Nimit

      • Nimit

        Thanks Manish for the prompt reply.

        I would like to like how one can approach when other heirs ( 2 out of 3) are not interested in the division. Is there any provision in the Indian Judicial system that a third party (or court) can oversee the division process ?

        • The division has to happen , but not always phsysical division . the matter will go into the court and the court can ask the other heirs to pay the 3rd party if they do not want the phsycial property to stay .

  170. Lata

    I am disappointed that you assume females get property only through father or husband.
    What happens to the property earned by female herself and dies without a will?
    Also what happens to property owned jointly by wife and husband for which both would have contributed and wife dies?

      • Lata

        Yeah! Sorry..I was annoyed that this aspect was not addressed by you. But I did additional research on net & found that fault lies with the law makers! They have not addressed this in the old law that was made in 1950s… I believe now there is a request to change that law…
        With all due respects to my MIL/SIL, i dont want them to end up with all my hard earned money!!!
        Thanks for the quick reply though…

  171. Adi

    Kudos ! It’s a nicely written artice – well worded, concise and useful. However, I was looking at your examples and particularly example 4. You mention that amongst the surviving family, there’re the 1) Father 2) Brother & 3)2 children of his sister (sister is dead). Per your example, the property will be distributed amongst them as 1/3 to the Father, 1/3 to the Brother and 1/6 to each child of his sister.

    However, the Hindu Succession Act itself states “Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.”

    In the schedule under Class II, the entries are :
    I. Father.
    II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
    III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4)
    daughter’s daughter’s daughter.
    IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
    V. Father’s father; father’s mother.
    VI.. Father’s widow; brother’s widow.
    VII. Father’s brother; father’s sister.
    VIII. Mother’s father; mother’s mother.
    IX. Mother’s brother; mother’s sister

    Am I reading the act wrong if I understand that since the first entry is only Father, all rights will go to only to the Father since that is Entry 1 ? I looked at the 2005 amendment and I couldn’t find a reference to this section. Am I missing something ?

  172. akash

    My grandfather had a residential plot. After his death mine father had constructed ground floor on it. Now we are four sons . suppose if he makes a will and he do not want to give share to me. than what are mine right . please advice urgently.

    • If its an ancestral property , then your father cant distribute it in WILL , then you get 1/4th . But if its not ancestral property, then your father can WILL it , and you will not get anything if he wants so ..

  173. ravi

    My uncle is no more and he was unmarried.
    He has no wife and no children.
    I am the only son of his youngest brother and my father pre-deceased my uncle by 7 years. My paternal aunt (my father’s sister) is alive and one more paternal uncle is alive.
    Will i get any share in the property or will i not because my father passed away before my uncle. The property is self-acquired by my uncle and not ancestral.
    My aunty (father’s sister) is married twice.
    She is fighting with me for property. Please advice urgently.

  174. ravi

    First of all thank you so much for the quick reply.
    I will always be thankful and obliged to you.
    My uncle also has a will mentioning my name and his other brother and his brother’s son in it.
    But i have not applied for probate still as the witnesses are the friends of my uncle and i dont know them personally.
    Can I then trust whether the witnesses will support me in court or not. I dont even know my uncle’s signature and only the witnesses say that he has signed in front of them.
    I dont know whether his signs will match his bank account signatures he has in bank records or not.
    Should i be confident to go in for probate of the will if the property is in pune and avoid any kind of legal hassles from my aunt who alone is not mentioned in the will.
    If possible could you please suggest me a good lawyer in this matter.
    Thank you again for your support and advice.

  175. Vasu

    We have a property brought in 1920, my Father’s Grand Father (Father’s Father – lets say A). He was dead before 1931 June. We dont have a clear date of death information available with us. Through a loan document executed in 1922 and was taken up responsibility by his wife (B) on behalf of his two sons in June 1931 (My Grand Father and My Grand Father’s brother who were minor then) provides this information. We have the death certificates of My Grand Father/his wife, his brother and his wife. My Father and My Aunt want to sell the house now.

    My Grand Father’s brother and his wife does not have any children, we have a succession certificate which states my Father as the legal successor and My Aunt has given a no objection to that in court and there were no other respondants in that case.

    We dont have the death certificates of A and B, but loan availed in Bank in 1977 for My Aunt’s marriage and in 1981 for renovation purpose state A as late and My Grand father, his brother and my father as legal heirs who are availing the loan, is that sufficient for us to sell the house or how should we proceed to sell the house?

  176. kiran

    sir
    my husband met with an accident and passes away . ours was a love marriage which was never accepted . he was doing job at the time of marriage . after two years we started our business and from last 16 years we are staying seperately…my husband earned and acquired property in his name…. mother has husband and another son and both are multimillionare…please suggest me i dont want to give our hard earned money to those people i want for me and my kids

  177. bish na

    Manish ji
    I have a querry for yr advice
    My wife has a house in her financed by both of us. We have 2 sons A and B
    both have 1 son each call AG and BG. Our relations with our son A are strained & his family lives separately( A has filed divorce case against his wife) Now if my wife makes a WILL in favor our son B ,can our A or grandson AG claim any right in my wife’s proprty after her death.

  178. deepak

    1)
    What is legal WILL ? and if legal heirs of deceased person are A, B, C, D. and if the registered WILLl say that , only A will have the right to 100% of his legal immovable property. Than can B, C, D question the will. Will they be given equal share in the property or the WILL is sufficient to define the sucessor.
    2)
    If legal heirs A, B, C, D have given consent to D for the mutation of immovable property and that D made a will in favour of A, and B . Will there be any say of C after the death of D

      • Durai

        Manish ji,
        very much impressed by your blog and this is the best community service one can do in the context of chaotic indian systems.hats off to you!
        I have a case which will also enlighten many who have inherited agricultural ancestral properties WITHOUT PROPER DOCUMENTS in the earlier days.
        My case:(may be a bit long–pls bear with it ..)
        R (my father) had inherited ancestral lands from his grandfather P and also from his father K.When P died in 1951, all lands were in possession of his only son K . K had two sisters , who were married and lived with their respective husbands and children .As per tradition in Tamilnadu ,females once got married, they never come back for claiming any assets becoz they continued to get supports throughout the lifetime of their father/mother and also brother as it was a part of culture in many farming communities.During his lifetime K added some lands and all were managed by K and his only son R. P and K were illiterates and the lands were partly in the name of P and partly in name of K when K died in 1974. R was cultivating all lands and doing further improvement of land.K had two daughters who were married and settled in traditional way. R died in 1989. R has three children from his first wife(first wife died in 1964) and two children from his second wife.(he married to his second wife in 1973 and she is alive).R did not add land in his name, but he built farm house, added value to the lands by adding open-wells, bringing electricity etc,etc.After R’s death, we noticed that chitta/patta documents in the govt offices –some still in name of P, some in name of K and some in the name of R.
        R’s second wife is alive and lives with her children.Currently all lands are being enjoyed by her and his second wifes two children( one son and a daughter).
        R’ s first wife’s children ( one son-me, two daughters )are married and settled in different places.
        Now we have been trying to do partition/settlement amongst us -the children R’s first wife and second wife.
        My questions :
        1. Is there any other person outside five children of R and R’s second wife, who can claim share of land?( example- K’s sister’s children/grand children, R’s sisters children/grand children etc )
        2. Though the names in Chitta are still in P,K and R, the revenue dept’s annual crop tax, house tax bill ,electricity bill etc carried the name of R (as he was actual user/possesser/inheritor by tradition) until today.And there was no WILL made by either P or K or R when they died. How to proceed now as the documents are in messy situation.
        3. local experts (ex-VAO) suggests that — obtain legal heirship certificates mentioning 6 of us as the heirs and do the partition deed between 6 of us and there will be no issue. Is this person’s view correct?
        What is your opinion and advice?
        Please answer this case asap as many are in such messy situation in rural TN state becoz of poor literacy in those days among farmers and strong cultural/traditional ways and systems of settlement of ancestral properties.
        It will be a useful case study for many.
        I once again thank you for your very valuable service through this blog.

  179. Kranti

    Manishji, I have below query.
    My husband is no more and did not make any will. We have 2 kids.
    He has purchased a flat with his own earnings. Also there is one house which his father has bought. My husband’s father is not alive.
    Now we have below members in the family.
    1. Myself
    2. 2 Kids
    3. Husband’s mother
    4. Husband’s married sister.

    Please let me know who all can claim the rights on the flat that my husband has purchased or who have the shares in the flat. I am the co-applicant only for the loan. Also my husband did not give any nominee for the flat he purchased.

    • Your husband legal heirs are you , children and mother , so you and children will get 3/4th share (1/4th each)

      For your father in law property, the legal heirs are Mother, Daugther and you (husband share will go to you) .

      Manish

  180. dev bhardwaj

    My maternal grandfather (nanaji) died without writting a will.
    My nanaji had
    1)two daughters(my mom and my aunt)
    2)widow wife(who also died after 1-2 years without a will)
    3)living mother
    4)Brother

    at the time of transfer of agricultural land which was in name of my maternal grandfather his property was divided into three equal parts.

    1/3 —-each to two daughters
    1/3 …..his surviving mother(maternal grandfather’s mother)

    now after few years my maternal grandfather’s mother also died after which the land records show the 1/3rd share of my maternal grandfather’s mother divided into two parts
    1)1/2 share transferred to my mom and aunt
    2)1/2 share transferred to the three sons of my maternal grandfather’s deceased brothers
    the jamabandi records of our of 2005-2006 are showing the above division.

    now the problem is that in 2013 three sons of my maternal grandfather’s deceased brother are asking for 1/2 share of property which was transferred to my mom and aunt after the death of my maternal grandfather’s mother death by producing some old will written by my maternal grandfather’s mother in their favour in 1996
    sir, can you please advice us in this situation.

  181. suresh

    Property one is in the name of husbund and two is in the name of wife. No, issue to them. the wife is died after the death of husbund and no will has been furnished by them. then, the wife’s mother will have the death certificate of both and obtained the legal heir certificate from the taluk office and give the power to her grand son to the propery. in the meantime the husbund elder brother obtained the legal heir to her daughter and write the settlement. which is correct please inform me.

  182. Durai

    Dear Manishji,
    please reply my question ,I am unable to post it in another forum that you suggested,
    I am very eager to know your comments.
    Regards

    DURAI

  183. Ramkishan Jeth

    my elder sister died prior to demise of her spouse who also died after her death.
    both of them have no issue of their own and no legal heir is nominated andthey have not made any WILL.

    my sister have some bank deposits in her name as first holder supported by joint holder her late spouse.

    My question is what is our entitlement to claim from the deposit of our sister, she has left with one brother and Sister, and her late husband brother and sisters.

    please advise what is our right to claim, we may need to hire a lawyer to conclude this,
    Thanks,