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How Hindu Succession Law applies if written WILL is missing ?

by Manish Chauhan · 717 comments

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



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{ 717 comments… read them below or add one }

1 sunny balwani April 26, 2012 at 11:40 am

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

Reply

2 Manish Chauhan April 26, 2012 at 2:46 pm

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

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3 Muthukumar January 28, 2013 at 12:11 pm

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.

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4 Manish Chauhan January 30, 2013 at 2:49 pm

I think if the matter will be closed in some months, she should wait for the whole transaction.. However nothing stops her to book the land on her name !

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5 Muthukumar January 30, 2013 at 2:52 pm

Thanks a lot Manish..

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6 praveen June 4, 2013 at 10:57 am

my grandmother had a house registered on her name but my grandfather had another wife also now that wife son also wants share in the house

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7 Manish Chauhan June 4, 2013 at 3:17 pm

They are not legal heirs . Get a lawyer !

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8 Virender dhingra February 21, 2014 at 9:55 pm

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.

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9 Manish Chauhan March 3, 2014 at 11:58 am

Where did I mention that ?

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10 Virender dhingra March 3, 2014 at 4:32 pm

Example no. 4. Its mentioned that Roberts sister’s children will get share. where as Robert’s sister is predeceased.

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11 Kevin April 26, 2012 at 11:42 am

Sir, brilliant article and so simply put. Thank you.

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12 Manish Chauhan April 26, 2012 at 2:41 pm

Thanks Kevin

What exactly was your biggest learning from this article ?

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13 Ganesh April 26, 2012 at 4:23 pm

Hi,

Better to write a will, is the biggest learning. Informative and simple to understand.

Regards,
Ganesh

Reply

14 Manish Chauhan April 26, 2012 at 4:48 pm

Yes Ganesh

I am sure with the examples , you are very clear what all can happen in reality

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15 Kailash April 26, 2012 at 12:10 pm

Excellent Informatory article..

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16 Manish Chauhan April 26, 2012 at 2:38 pm

Thanks Kailash .. What was the biggest learning for you from this article ?

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17 Kailash April 26, 2012 at 3:34 pm

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.

Reply

18 Manish Chauhan April 26, 2012 at 4:51 pm

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 .

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19 Kailash Mundada April 27, 2012 at 3:04 pm

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)

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20 Manish Chauhan April 28, 2012 at 12:04 pm

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

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21 sonal July 27, 2012 at 12:30 pm

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

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22 Rajmohan October 10, 2012 at 10:59 am

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.

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23 Manish Chauhan October 12, 2012 at 1:02 pm

Both daughters should get 50% share each , as one daughter is dead now , that 50% share will now be passed to her 4 children in equal proportion

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24 Manikaran Singal April 26, 2012 at 1:18 pm

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.

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25 Manish Chauhan April 26, 2012 at 2:38 pm

Yes Manikaran

Agree .. a will should be prepared by a qualified lawyer and also be registered ideally ! .. thats the best way to make sure a right WILL is created.

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26 TS Ashok April 26, 2012 at 1:20 pm

Very informative

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27 Manish Chauhan April 26, 2012 at 2:40 pm

Thanks Ashok

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28 Nobuddy April 26, 2012 at 1:29 pm

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?

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29 Manish Chauhan April 26, 2012 at 2:35 pm

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

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30 Pankaj April 26, 2012 at 3:43 pm

Hi Manish

Without worth to note that all articles are out of blues and give some nitty-grity on financial matters.

Can you pl. focus on categorization i.e. WHAT IS CLASS I / CLASS II heirs?

Thx in advance

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31 Pankaj April 26, 2012 at 3:51 pm

oh sorry, I got the details from your article itself. Sorry to borther you

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32 Manish Chauhan April 26, 2012 at 4:49 pm

You already got it :)

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33 Bijaya kumar pradhan April 26, 2012 at 1:53 pm

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

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34 Manish Chauhan April 26, 2012 at 2:30 pm

Thanks Bijay . I hope you would now get your WILL done :)

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35 George Joseph April 26, 2012 at 2:07 pm

Excellent article as always Manish.

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

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36 Manish Chauhan April 26, 2012 at 2:29 pm

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

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37 George Joseph April 27, 2012 at 8:57 am

Thanks Manish

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38 amit shah April 26, 2012 at 2:44 pm

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

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39 Manish Chauhan April 26, 2012 at 4:56 pm

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 .

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40 amit shah April 26, 2012 at 9:38 pm

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

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41 Ana April 26, 2012 at 3:21 pm

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

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42 Manish Chauhan April 26, 2012 at 4:53 pm

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

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43 UMESH April 26, 2012 at 3:33 pm

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?

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44 Manish Chauhan April 26, 2012 at 4:52 pm

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

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45 UMESH April 26, 2012 at 7:20 pm

nice suggestion manish. i do agree you, that sounds to be only workable solution.
thanks.

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46 Anurodh April 26, 2012 at 5:30 pm

Enlightening. I was not knowing even 10% about succession clauses. Thanks.

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47 Manish Chauhan April 26, 2012 at 5:41 pm

Anurodh

Great .. good to know I was able to enlighten you ;) . Now please enlighten others !

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48 Niladri April 26, 2012 at 7:21 pm

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?

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49 Manish Chauhan April 28, 2012 at 12:26 pm

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

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50 Rajeev April 26, 2012 at 7:43 pm

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?

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51 Manish Chauhan April 28, 2012 at 12:21 pm

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

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52 Pradip April 26, 2012 at 8:55 pm

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

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53 Manish Chauhan April 28, 2012 at 12:19 pm

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

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54 dr kishan April 26, 2012 at 10:12 pm

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

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55 Manish Chauhan April 28, 2012 at 12:18 pm

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

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56 Srini April 27, 2012 at 12:19 am

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?

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57 Manish Chauhan April 28, 2012 at 12:16 pm

Srini

Yes , she can claim her share in father’s property ..

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58 Sachin April 27, 2012 at 5:17 am

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.

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59 Manish Chauhan April 28, 2012 at 12:16 pm

Done

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60 Aman Bhutani April 27, 2012 at 9:30 am

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…

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61 Manish Chauhan April 28, 2012 at 12:16 pm

Aman

At the time of death , the wife is not remarried, so she will be able to claim it , I assume that she is remarrying later .

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62 Aman Bhutani April 28, 2012 at 4:06 pm

Wife of X has remarried after death of X and son is also with her only which she had from X… Pls confirm in this scenario.

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63 Manish Chauhan April 28, 2012 at 8:15 pm

Aman

This might get tricky .. better meet a lawyer to understand the exact implication . But I think that she will loose the right of the wealth in that case

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64 rakesh raj April 27, 2012 at 11:43 am

excellent article..what about divorce and maintenance act.

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65 Manish Chauhan April 28, 2012 at 12:14 pm

Rakesh

I am not very clear on those topics !

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66 K.M.Manohar Kumar April 27, 2012 at 11:46 am

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?

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67 Manish Chauhan April 28, 2012 at 12:11 pm

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

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68 Sushil April 27, 2012 at 3:18 pm

Very well written EXCELLENT ARTICLE……i never thought about such things…now i come to know the importance of WILL

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69 Manish Chauhan April 28, 2012 at 11:59 am

Good to hear that Sushil !

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70 Sanjay Jain April 27, 2012 at 4:29 pm

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?

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71 Manish Chauhan April 28, 2012 at 11:55 am

Sanjay

Nomination are nothing but just a name for a bank to whom they pass on the wealth , thats all . The nominee is never the final owner just because he/she is nominee. but nomination is very important . A nomination can be done only for the investments which one does out of his home , the nomination cant be done for something you are keeping at home . Read this article on nomination : http://www.jagoinvestor.com/2010/10/will-your-nominee-get-the-money-on-your-death.html

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72 Vipin Mohan April 27, 2012 at 5:22 pm

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?–

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73 Manish Chauhan April 28, 2012 at 11:44 am

Yes .. but in that case it will be Children and Husband , not “mother” or “mother in law” ..

Manish

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74 D.M.Devadhara April 28, 2012 at 11:22 am

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 ?

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75 Manish Chauhan April 28, 2012 at 11:37 am

Not that at the time of death whatever A owns is to be considered here ..

IF Will is missing , then WIFE and MOTHER will claim things in equal parts as per law

Manish

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76 D.M.Devadhara April 28, 2012 at 11:49 am

Thank you very much Dear Manishbhai.

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77 PMA April 28, 2012 at 1:50 pm

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..

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78 Manish Chauhan April 28, 2012 at 8:23 pm

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

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79 D.M.Devadhara April 28, 2012 at 3:40 pm

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 ?

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80 Manish Chauhan April 28, 2012 at 8:16 pm

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

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81 A D Shah April 28, 2012 at 4:08 pm

Very well written EXCELLENT ARTICLE …!
Thank you for good informative artical.

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82 Manish Chauhan April 28, 2012 at 8:14 pm

Thakns for appreciation

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83 Vijay April 28, 2012 at 6:55 pm

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.

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84 Manish Chauhan April 28, 2012 at 8:13 pm

Vijay

NO , he should be able to enjoy what he has built, but the others should get 4/5th of the original property price

Manish

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85 Jayant April 29, 2012 at 1:37 pm

Too complicated ! Better to create a WILL ! :)

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86 Manish Chauhan May 1, 2012 at 11:27 am

Yes .. Making a WILL should be on priority

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87 Vivek K April 29, 2012 at 9:59 pm

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.

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88 Manish Chauhan May 1, 2012 at 11:25 am

Thanks Vivek :)

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89 shobha April 30, 2012 at 11:23 am

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

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90 Manish Chauhan May 1, 2012 at 11:22 am

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 .

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91 Satish May 1, 2012 at 12:02 pm

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

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92 Manish Chauhan May 2, 2012 at 11:06 am

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

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93 CV Easwaran May 1, 2012 at 8:01 pm

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

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94 Manish Chauhan May 2, 2012 at 10:54 am

Good to hear that it helped you !

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95 BIJAY May 2, 2012 at 3:00 pm

Why this difference for mother & father

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96 Manish Chauhan May 3, 2012 at 11:00 am

Its LAW

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97 CA. Pradip Jadhav May 2, 2012 at 6:45 pm

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

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98 Manish Chauhan May 3, 2012 at 10:50 am

Truely speaking the example is getting complicated for me to understand, can you name all the people as A,B,C,D .. and then ask the question

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99 Jay Prakash May 2, 2012 at 10:25 pm

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.

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100 Manish Chauhan May 3, 2012 at 10:42 am

Good that your doubt is cleared !

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101 CA. Pradip Jadhav May 4, 2012 at 6:45 pm

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.

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102 Manish Chauhan May 5, 2012 at 12:15 pm

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

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103 CA. Pradip Jadhav May 5, 2012 at 1:21 pm

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.

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104 CA. Pradip Jadhav May 8, 2012 at 3:08 pm

Can somebody answer this case ? Please let me know if needs further clarification?

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105 Manish Chauhan May 8, 2012 at 4:31 pm

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 .

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106 CA. Pradip Jadhav May 8, 2012 at 7:53 pm

I also feels same!

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107 tungar jayashree July 31, 2012 at 8:01 pm

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?

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108 Manish Chauhan August 2, 2012 at 12:08 pm

As the property is acquired from her mother side, the first right is of mothers’ legal heir if children and husband are missing . So she will not have a right on property !

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109 sty May 12, 2012 at 7:50 pm

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.

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110 sty May 12, 2012 at 8:02 pm

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.

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111 Subha May 16, 2012 at 10:56 am

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

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112 Manish Chauhan May 16, 2012 at 9:00 pm

Thanks !

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113 Sunil Mutreja, Jabalpur May 18, 2012 at 12:23 am

…………….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.

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114 Manish Chauhan May 18, 2012 at 9:15 am

Yes ,thats correct

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115 Sunil Mutreja, Jabalpur May 20, 2012 at 11:26 pm

Thanks and Best Wishes !!!

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116 RAJGOPAL SRIVASTAVA May 19, 2012 at 11:24 pm

A GOOD ARTICLE.IT CLEARS MANY CONFUSIONS.

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117 Manish Chauhan May 19, 2012 at 11:38 pm

Thanks Rajgopal !

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118 Manish Chauhan May 21, 2012 at 5:59 pm

Thanks Rajgopal

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119 Dhiraviyam May 23, 2012 at 10:55 am

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.

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120 Manish Chauhan May 23, 2012 at 12:22 pm

I am not clear of your question. Whatever is written in WILL will be final , where is the confusion !

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121 Dhiraviyam May 23, 2012 at 1:16 pm

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?

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122 Manish Chauhan May 23, 2012 at 2:06 pm

The share will only be as mentioned in the WILL , no change

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123 Sunil May 25, 2012 at 12:01 pm

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 ?

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124 Manish Chauhan May 26, 2012 at 10:37 pm

Actually you should put a dummy name to each like A,B,C etc and then ask the question ,it has become too complicated for me to understand

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125 Sunil May 26, 2012 at 11:51 pm

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.

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126 Manish Chauhan May 27, 2012 at 1:33 pm

Welcome

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127 Suraj May 27, 2012 at 12:01 am

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.

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128 Manish Chauhan May 27, 2012 at 1:32 pm

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.

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129 Suraj May 27, 2012 at 1:53 pm

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.

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130 Manish Chauhan May 29, 2012 at 11:51 am

Yes children will have right on their mother property

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131 Sachin May 27, 2012 at 12:13 am

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 ?

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132 Manish Chauhan May 27, 2012 at 1:29 pm

Obviously she can , and she can ask for 1/3rd of share .. but now as the time has passed , this will be very complicated and can drag for years

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133 Sachin May 27, 2012 at 1:55 pm

Many thanks for prompt reply.

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134 Prakash June 2, 2012 at 11:28 am

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.

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135 Manish Chauhan June 2, 2012 at 3:14 pm

Please rename each per using using A,B,C and then ask the question

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136 Prakash June 3, 2012 at 5:53 pm

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.

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137 Manish Chauhan June 3, 2012 at 6:57 pm

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

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138 Prakash June 6, 2012 at 9:39 am

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).

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139 Manish Chauhan June 6, 2012 at 6:22 pm

State laws can be little different than the general rule in this . Better hire a local lawyer .

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140 Shirish July 15, 2012 at 7:13 pm

If the property is in Mumbai, court probate is required. Only NOC is not enough.

Regards,

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141 Sachin Kamthe June 14, 2012 at 3:42 pm

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.

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142 Manish Chauhan June 15, 2012 at 5:37 pm

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 .

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143 Sachin Kamthe June 14, 2012 at 3:48 pm

my mother has not make will because it is gone in accident case. because we do not think that it happen can be come in our life.

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144 Sachin Kamthe June 15, 2012 at 12:32 pm

Any update on my query.

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145 Sachin Kamthe June 18, 2012 at 2:14 pm

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.

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146 Manish Chauhan June 18, 2012 at 6:14 pm

Sachin

I dont think your father can take anything from you .. better meet a good lawyer on this !

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147 Sachin Kamthe June 19, 2012 at 8:14 am

Thanks for your advice, also please provide me your adress and contact details.
I am from Pune.

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148 Manish Chauhan June 19, 2012 at 9:28 am

Sachin

We are not lawyer . You should be meeting some lawyer .

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149 rdamle June 25, 2012 at 11:41 am

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

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150 Manish Chauhan June 27, 2012 at 11:03 am

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

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151 rdamle June 28, 2012 at 11:27 am

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?

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152 Manish Chauhan June 28, 2012 at 7:49 pm

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

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153 rdamle July 2, 2012 at 10:59 am

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.

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154 Manish Chauhan July 2, 2012 at 3:24 pm

The thing is after marriage , the women is now part of another FAMILY :) . Thats how the law is !

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155 rdamle July 6, 2012 at 1:54 pm

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 :)

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156 ss August 4, 2013 at 2:23 am

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,,,

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157 RY Prasad June 26, 2012 at 7:45 pm

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

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158 Manish Chauhan June 27, 2012 at 9:52 am

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

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159 deepaksuri82@gmail.com October 16, 2012 at 8:04 pm

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?

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160 Vikram July 5, 2012 at 12:26 pm

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

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161 Shirish July 15, 2012 at 7:18 pm

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.

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162 Jayasri July 13, 2012 at 12:01 pm

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

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163 Manish Chauhan July 14, 2012 at 4:44 pm

Yes it will be Jadu;s heirs and Hiten , because all what matters is Mother death case , nothing past !

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164 deepali July 15, 2012 at 10:41 am

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

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165 Shirish July 15, 2012 at 7:26 pm

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.

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166 MNSINGH July 31, 2012 at 10:20 pm

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.

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167 Manish Chauhan August 2, 2012 at 12:03 pm

yes you are eligible for partition and you are also a legal heirs , your father does not have 100% right on the property

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168 Siddharthan August 1, 2012 at 1:34 pm

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.

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169 Manish Chauhan August 2, 2012 at 12:14 pm

Is the article not clear to conclude it ?

The wealth will be divided between mother , wife and children in equal share

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170 R P AGGARWAL August 2, 2012 at 10:01 pm

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.

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171 Manish Chauhan August 2, 2012 at 10:03 pm

1. No

2. Ajay’s daughter will get 50% and other three will get get 17.33% each.

3. No

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172 Shekhar August 9, 2012 at 10:02 pm

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….

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173 Manish Chauhan August 10, 2012 at 5:45 pm

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 !

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174 Santana August 12, 2012 at 12:53 am

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

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175 Manish Chauhan August 12, 2012 at 9:42 am

Yes your husband was entitled for one equal share, so it will be given to you and your children , you need to divide it equally among yourself

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176 Santana August 13, 2012 at 12:56 am

So Sir in this case is it required to have signatures of my children when my husband family will sale it or my signature is enough for the sale.

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177 Manish Chauhan August 14, 2012 at 5:22 pm

No its not required like this

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178 Rupak August 12, 2012 at 10:34 pm

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?

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179 Manish Chauhan August 14, 2012 at 5:24 pm

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

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180 Anurag August 16, 2012 at 10:48 am

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?

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181 Manish Chauhan August 17, 2012 at 1:46 pm

Anurag

You , your brother and your father are liable for each share in house, yes your father can sell off his share to someone , but there wont be any taker like this .

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182 Anurag August 17, 2012 at 4:13 pm

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 ?

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183 Manish Chauhan August 20, 2012 at 11:23 am

Yes he can choose to do that !

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184 Vinay August 18, 2012 at 11:57 pm

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.

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185 Manish Chauhan August 19, 2012 at 10:38 pm

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

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186 RIC August 26, 2012 at 3:05 pm

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.

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187 Manish Chauhan August 29, 2012 at 10:47 am

It will be considering the value’s at the time of division !

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188 RIC September 2, 2012 at 10:43 am

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 ?

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189 Manish Chauhan September 2, 2012 at 8:06 pm

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

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190 RIC September 2, 2012 at 11:22 pm

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

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191 Manish Chauhan September 2, 2012 at 11:29 pm

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

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192 RIC September 3, 2012 at 7:42 am

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

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193 Manish Chauhan September 3, 2012 at 7:45 am

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.

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194 Mohit August 28, 2012 at 4:38 pm

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????????

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195 Manish Chauhan August 28, 2012 at 8:47 pm

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

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196 Soubhagya Kumar Patra August 30, 2012 at 2:48 pm

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 ?

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197 Manish Chauhan August 31, 2012 at 10:15 am

that was a mistake :) . I just corrected it , Mother will be in Class 1 only ! . I updated the article . Thanks for pointing out !

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198 Soubhagya Kumar Patra August 31, 2012 at 10:21 am

Thank you Manish. :-)

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199 GRKumar August 30, 2012 at 9:44 pm

I have two wifes will they get equal share of properity

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200 Manish Chauhan August 31, 2012 at 9:44 am

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

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201 vikrant September 7, 2012 at 12:03 pm

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

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202 Manish Chauhan September 8, 2012 at 9:26 pm

This is not an easy case , too old .. better meet a lawyer in this

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203 Sangeetha September 11, 2012 at 11:16 pm

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?

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204 Manish Chauhan September 12, 2012 at 9:51 am

Once you said that grandma is alive and then you said “after her death” . Also you said in start that she own a land and then you said that its not on her name ?

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205 Sangeetha September 12, 2012 at 8:26 pm

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.

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206 Manish Chauhan September 13, 2012 at 10:31 pm

If your grandma has created that property on her own , then she can write a WILL and give it to anyone . But if there is no WILL , and if she dies, then your mother will be able to claim the property share.

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207 Sangeetha September 14, 2012 at 2:37 pm

Thank u very much for ur valuable information sir.

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208 Dhruv September 12, 2012 at 9:23 am

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” ?

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209 Manish Chauhan September 12, 2012 at 9:40 am

As the property actually belonged to Father and Son was a valid legal heir and should have the share in the property , now as he is not present, his wife (the widow) will have the right in that. So She can claim her share legally.

Manish

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210 Dhruv September 12, 2012 at 10:01 am

Thanks Manish.

In other words, even if the there is a property in Mother’s name. She doesn’t have a right to sell it without “NOC” from kids.

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211 Manish Chauhan September 12, 2012 at 10:49 am

no , she can sell it , but the kids wil have claim on it

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212 Dhruv September 12, 2012 at 4:56 pm

so many thanks manish…..

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213 Ved Raj September 12, 2012 at 5:33 pm

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 ))

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214 Manish Chauhan September 13, 2012 at 10:45 pm

Any property for which a person has not paid from his pocket is “ancestral”

Manish

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215 Pinkesh September 13, 2012 at 12:44 pm

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 ?

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216 Manish Chauhan September 13, 2012 at 7:28 pm

No , its not a valid will , because a ancestral property can be not be WILLed. the daughters can see a lawyer and they will get their shares !

Manish

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217 Pinkesh September 14, 2012 at 6:05 pm

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 ?

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218 uday September 14, 2012 at 5:01 pm

hi . i want to ask u ..

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219 uday sawant September 14, 2012 at 5:15 pm

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)

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220 Jignesh M. Kharidia September 15, 2012 at 1:29 pm

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.

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221 Manish Chauhan September 18, 2012 at 12:56 pm

Each one of you will get equal share, first wife son , your mother, you 6 siblings , all are 8 people, so 12.5% each !

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222 suresh September 16, 2012 at 1:18 am

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

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223 Manish Chauhan September 16, 2012 at 6:58 pm

All children and wife will get equal share !

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224 Tanay uday sawant September 17, 2012 at 3:50 pm

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

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225 Manish Chauhan September 18, 2012 at 10:16 am

After Father death , wife , both son and daughter should get equal share in property , thats 25% each , Mother can make a WILL for her share seperately

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226 Tanay uday sawant September 18, 2012 at 11:31 am

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…

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227 Manish Chauhan September 18, 2012 at 12:35 pm

I have already replied to this when you asked it somewhere else !

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228 Tanay uday sawant September 18, 2012 at 5:07 pm

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 …

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229 Manish Chauhan September 19, 2012 at 5:43 pm

What matters is present , At this point of time, daughter can file a case for her share !

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230 vidya kumar September 18, 2012 at 8:11 pm

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.

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231 Manish Chauhan September 18, 2012 at 9:09 pm

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

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232 RAJA September 19, 2012 at 3:08 pm

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

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233 Manish Chauhan September 19, 2012 at 5:16 pm

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 !

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234 Raja September 21, 2012 at 8:29 pm

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

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235 Manish Chauhan September 22, 2012 at 9:50 am

Raja

A person can make a WILL only on the share which he/she owns . Just because a WIFE gets something from his Husband does not mean its ancestral

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236 RAJA September 22, 2012 at 2:36 pm

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.

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237 Manish Chauhan September 22, 2012 at 2:38 pm

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

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238 VIKAS DIXIT September 20, 2012 at 2:58 pm

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

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239 Manish Chauhan September 22, 2012 at 1:47 pm

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

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240 heramb September 20, 2012 at 3:10 pm

is it necessary that advocate who prepare WILL, he must sign the will .

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241 Manish Chauhan September 22, 2012 at 1:44 pm

No

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242 Anil September 22, 2012 at 8:23 pm

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.

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243 Manish Chauhan September 26, 2012 at 1:55 pm

I think brothers cant do anythign now .. but better you shoudl work on katha transfer soon !

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244 Hemant September 24, 2012 at 1:01 am

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?

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245 Manish Chauhan September 26, 2012 at 1:08 pm

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 .

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246 Kk September 25, 2012 at 5:37 pm

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 ?

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247 Manish Chauhan September 26, 2012 at 11:26 am

This property seems like a inherited property , so your father can not write a WILL , it will go to both sons

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248 k September 26, 2012 at 7:32 pm

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

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249 Manish Chauhan September 29, 2012 at 11:46 am

No in that case its not a ingerited property , it will be considered inherited only if the property is not divided from 4 generations … so the WILL is final

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250 Ravi Mehta September 25, 2012 at 10:40 pm

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.

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251 Manish Chauhan September 26, 2012 at 10:57 am

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

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252 Ravi Mehta September 26, 2012 at 2:05 pm

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 !!!

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253 Manish Chauhan September 26, 2012 at 2:08 pm

“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 !

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254 ammu September 26, 2012 at 4:31 pm

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.

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255 Avinash September 28, 2012 at 9:21 pm

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).

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256 Manish Chauhan September 29, 2012 at 10:18 am

It will be 50% ..

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257 Manish Chauhan September 29, 2012 at 12:03 pm

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 !

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258 Sai September 28, 2012 at 3:31 pm

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)

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259 Manish Chauhan September 29, 2012 at 10:26 am

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 .

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260 AVIJIT SAHA September 28, 2012 at 7:05 pm

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.

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261 Manish Chauhan September 29, 2012 at 10:19 am

yes, she will now have to bring a succession certificate from court and will have to pay the charges for transfer, its applicable with a registered will is missing .

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262 AVIJIT SAHA September 29, 2012 at 12:38 pm

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……

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263 Manish Chauhan October 2, 2012 at 3:23 pm

First you need to register the property in new name only then sale can be made. There will not be much charges !

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264 AVIJIT SAHA October 3, 2012 at 7:13 pm

Dear Mr. Manish Chauhan,
Thanx for your suggestion. that was a great help from you.

Rgds,
Avijit Saha

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265 RAVI KUMAR September 28, 2012 at 7:15 pm

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

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266 Manish Chauhan September 29, 2012 at 10:18 am

Can you reask the question in clear language .

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267 Ashish September 29, 2012 at 12:45 am

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

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268 Manish Chauhan September 29, 2012 at 10:14 am

Not clear about your query , which is the last will written ? Mother or father ?

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269 Ashish October 4, 2012 at 12:50 pm

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…

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270 Manish Chauhan October 4, 2012 at 5:37 pm

Is father alive or not ? If father is not there, then mother will be final . NO one can challenge it

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271 Ashish October 8, 2012 at 9:49 am

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…

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272 Manish Chauhan October 8, 2012 at 9:36 pm

No , its not like that .. a unregistered WILL is also valid, the only thing is if its unregistered, then there are authenticity issues !

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273 kush mehta October 7, 2012 at 7:21 pm

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?

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274 Manish Chauhan October 8, 2012 at 9:39 pm

It does not matter who is co applicant, what matters is who is the owner or the co-owner , they will get 1/3rd share each

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275 ashu October 9, 2012 at 3:07 pm

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.

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276 Manish Chauhan October 12, 2012 at 3:21 pm

Meet a lawyer , once the transfer is done, it becomes very tough

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277 Mumtaz Advocate October 9, 2012 at 11:30 pm

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

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278 Manish Chauhan October 12, 2012 at 3:06 pm

Mumtaz

Laws in India will not be applicable in Pakistan , hence you should refer to Pak laws of succession

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279 Mumtaz October 14, 2012 at 11:52 am

Hi I know very well but their property will be decided according to hindu law. so please let me know the share of widow if she dont have any child.

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280 Manish Chauhan October 16, 2012 at 2:16 pm

Widow will have equal share along with other legal heirs , if any .. So if she is alone , then 100% , but if there is mother also ,then 50% each

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281 Mumtaz Advocate October 16, 2012 at 6:01 pm

Dear Manish,
Thank you very much for assistance. In my case there is no mother of diseased person and no child except widow/wife. Can you send me any reference or any provision of law because i will have to assist the court.
Regards

Mumtaz Advocate

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282 Manish Chauhan October 19, 2012 at 10:13 am

What other information you want other than this article itself !

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283 Mumtaz Advocate October 21, 2012 at 12:48 am

Actually I need proper reference which i could submit in court to assist the court. Please send me section of Succession act which says widow having no child is owner of whole share of diseased person. or send me any court decision which degreed in favor of widow.

I shall be highly obliged for your kind cooperation.

regards,

Mumtaz Advocate

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284 Manish Chauhan October 22, 2012 at 9:52 am
285 Ravi Singh October 13, 2012 at 6:46 pm

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

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286 Shekhar October 14, 2012 at 3:50 pm

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…

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287 Manish Chauhan October 16, 2012 at 2:13 pm

No , as its registered already in your name , now its yours !

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288 H C DUA October 15, 2012 at 2:44 pm

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?

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289 Manish Chauhan October 16, 2012 at 1:56 pm

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

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290 Deepak Suri October 15, 2012 at 11:13 pm

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,

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291 Manish Chauhan October 16, 2012 at 1:40 pm

All of you will be the legal owner now for 25% part . Make sure you get succession certificate and get it registered on your name soon .

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292 Deepak Suri October 16, 2012 at 3:01 pm

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

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293 Manish Chauhan October 16, 2012 at 3:04 pm

In that case your combined share is just 50% .. and the other 50% will be his !

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294 Deepak Suri October 16, 2012 at 3:27 pm

what would be the share of 4 daughter in this condition?
Thank for the help
Many thanks,
Deepak

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295 Deepak Suri October 16, 2012 at 3:41 pm

And our step uncle share?

Thanks for the help!!!

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296 dheeraj suri October 16, 2012 at 8:07 pm

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?

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297 dheeraj suri October 16, 2012 at 8:09 pm

We have another house in name of my grand father (both grand father and grand mother died) Grand father have 2 sons (1 uncle+1 my father) and 4 daughter.

What would be the % of the share we will get in this property?

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298 Manish Chauhan October 19, 2012 at 10:04 am

Each son and daughter has a share of 16.66% (equal)

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299 Suri brothers October 17, 2012 at 1:12 pm

Manish ji your help could resolve many disputes, kindly reply these queries
. A needy person

Any help would be appreciated!!!!!!!!!!

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300 Manish Chauhan October 19, 2012 at 9:35 am

Which queries ?

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301 Manish Chauhan October 19, 2012 at 10:28 am

It will be same as son – equal .

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302 Dheeraj Suri October 19, 2012 at 3:11 pm

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?

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303 Manish Chauhan October 22, 2012 at 12:17 pm

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 !

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304 Pallavi October 16, 2012 at 5:52 pm

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

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305 Manish Chauhan October 19, 2012 at 10:19 am

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 .

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306 angad October 17, 2012 at 9:44 am

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

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307 Manish Chauhan October 19, 2012 at 9:55 am

Yes he can ask for it , if the other party does not give it, he can move to court on this

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308 Sushil October 18, 2012 at 10:29 am

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

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309 Manish Chauhan October 19, 2012 at 9:09 am

Yes Husband is the legal heir here and he can file a case against parents on this matter .

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310 raju October 23, 2012 at 6:59 am

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.

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311 Manish Chauhan October 25, 2012 at 8:37 am

The WILL has to be final here, a person can give his self acquired property to anyone he wishes !

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312 viraj October 25, 2012 at 5:38 pm

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

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313 Manish Chauhan October 27, 2012 at 12:02 pm

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

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314 viraj October 27, 2012 at 12:15 pm

thanks manish

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315 deepak October 27, 2012 at 12:39 pm

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

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316 Manish Chauhan October 30, 2012 at 11:59 am

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

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317 murthy January 27, 2013 at 10:33 pm

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.

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318 Manish Chauhan January 30, 2013 at 3:08 pm

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

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319 sandeep October 29, 2012 at 9:44 pm

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?

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320 Manish Chauhan October 30, 2012 at 10:01 am

I dont think this should be treated as ancestral property . talk to lawyer for more details on this .

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321 sandeep October 30, 2012 at 10:04 pm

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?

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322 Manish Chauhan November 2, 2012 at 11:43 am

This seems to be too complicated for us to comment. Just take help of a good lawyer .

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323 saroj November 13, 2012 at 10:50 pm

Thank you so much Manishji.

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324 chandrashekar November 1, 2012 at 5:21 pm

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

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325 Manish Chauhan November 2, 2012 at 11:09 am

Obviously Mother will pay , as the flat is on her name

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326 chandrashekar November 2, 2012 at 2:40 pm

Hi
Thanks
But whereever I have read , it say that if the father has not made a WILL,
All get equal share in the property , so the tax has to be distributed amoung
self. ie If 1,00,000 is given to one of the sibling , he /she has to pay the tax.

Please guide.

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327 Manish Chauhan November 6, 2012 at 5:27 pm

But only when the flat is also in father name , here as its on mother name now , what you read will not apply !

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328 Abhi November 1, 2012 at 6:58 pm

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?

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329 Manish Chauhan November 2, 2012 at 11:08 am

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 .

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330 Abhi November 2, 2012 at 11:16 am

Thanks Manish.

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331 saroj November 2, 2012 at 11:57 pm

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

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332 Manish Chauhan November 6, 2012 at 5:10 pm

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 !

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333 saroj November 6, 2012 at 11:17 pm

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

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334 Manish Chauhan November 12, 2012 at 9:21 am

No , its not the case with Women , its true in case of the MALE , but not female , for female the first right is only of husband and the children . Catch a lawyer and ask for help .

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335 saroj December 1, 2012 at 10:18 pm

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

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336 Manish Chauhan December 11, 2012 at 4:51 pm

I think you should go with what lawyer says .. I am not sure how a old law can be applicable with Hindu succession law is now in force . Just check with 2-3 other good lawyers !

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337 Ganga November 8, 2012 at 3:46 am

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

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338 Manish Chauhan November 12, 2012 at 8:42 am

Yes

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339 Namita November 8, 2012 at 5:56 pm

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

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340 Manish Chauhan November 12, 2012 at 8:33 am

Your son still has the rights as son . he will be getting 50% of his property !

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341 nitesh November 9, 2012 at 11:30 pm

i have a one doubt?
can a girl have any ri8 in the property of his grandfather , when her father no died.

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342 Manish Chauhan November 12, 2012 at 7:37 am

Yes, it can happen only if the property is Ancestral !

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343 K.MURALIDHAR November 10, 2012 at 5:48 pm

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.

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344 Manish Chauhan November 12, 2012 at 7:29 am

Your personal properties have anyways nothing to do with this matter, only your father property has to be divided if WILL is not present and some one wants settlement .

Manish

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345 Y S PATHANIA November 13, 2012 at 12:01 am

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)

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346 Manish Chauhan November 15, 2012 at 7:47 pm

Her share will be divided among husband and daughters !

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347 Abhishek Dwivedi November 17, 2012 at 6:44 pm

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

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348 Manish Chauhan November 20, 2012 at 4:15 pm

Its not true ! .. All of the people you mentioned are into Class 1 and they all will get equal share , thats 20% each :) . So some smiles on your face too !

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349 Abhishek Dwivedi November 22, 2012 at 7:01 pm

Thanks Manish!

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350 Sonu Singh November 19, 2012 at 4:22 pm

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?

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351 Manish Chauhan November 20, 2012 at 2:26 pm

No , if its on your mother name, then she can do whatever she wants !

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352 Sonam November 21, 2012 at 11:44 am

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?

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353 Manish Chauhan November 25, 2012 at 12:08 pm

No this is not true ! . Once the property is taken on your name, the source of funds after these many years do not come into picture . Meet a lawyer !

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354 Manjula November 21, 2012 at 5:07 pm

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.

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355 Manish Chauhan November 25, 2012 at 11:43 am

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 !

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356 R. Kumar November 22, 2012 at 5:49 pm

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.

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357 Manish Chauhan November 25, 2012 at 11:22 am

This is not an Ancestral property , it should be passed on through the chain of 4 generations and that too from the same FAMILY line , not cross line . So the WILL is valid ! .

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358 j November 23, 2012 at 5:50 pm

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.

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359 Manish Chauhan November 25, 2012 at 11:07 am

No , if the will is written , then only and only WILL is to be followed !

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360 Vijay November 27, 2012 at 4:46 pm

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.

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361 Manish Chauhan November 30, 2012 at 12:58 pm

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 !

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362 Vijay November 27, 2012 at 4:56 pm

We are hindu family just for your information.

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363 dhananjay December 4, 2012 at 1:15 am

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

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364 Manish Chauhan December 11, 2012 at 4:21 pm

They have sign where ?

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365 dhananjay December 4, 2012 at 1:17 am

unmovable property they don’t want share that they are saying now

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366 Mahesh December 12, 2012 at 4:23 pm

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..

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367 Manish Chauhan December 19, 2012 at 4:06 pm

Without a WILL , mother and children will all be legal heirs , 100% property will not go to WIFE !

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368 Mahesh December 19, 2012 at 5:38 pm

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…

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369 Manish Chauhan December 19, 2012 at 5:42 pm

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

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370 Mahesh December 12, 2012 at 5:28 pm

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

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371 tejas varma December 15, 2012 at 3:40 pm

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

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372 Manish Chauhan December 19, 2012 at 2:44 pm

Whatever she wants , she can do it , its now her property !

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373 Vasu December 15, 2012 at 6:16 pm

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

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374 Manish Chauhan December 19, 2012 at 2:42 pm

As the divorce has already happened legally, now there is no chance wife or child has any claim on father property , for father now the legal heirs are Parents only

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375 Vasu December 19, 2012 at 6:48 pm

Many thanks Manish.

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376 Vasu December 27, 2012 at 2:47 pm

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.

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377 Manish Chauhan December 29, 2012 at 8:13 pm

If lawyers are saying it, then that must be true !

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378 Dhurandhar Bhatwdekar February 17, 2013 at 1:56 am

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.

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379 dhanraj December 17, 2012 at 5:32 pm

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.

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380 Manish Chauhan December 19, 2012 at 1:12 pm

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

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381 Anand Jain December 18, 2012 at 1:49 pm

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 .

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382 Manish Chauhan December 19, 2012 at 12:55 pm

No she cant ! . The WILL is final , Your father can do whatever he wants !

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383 Anand Jain December 19, 2012 at 2:41 pm

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?

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384 Manish Chauhan December 19, 2012 at 2:45 pm

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

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385 Suresh Kumar December 19, 2012 at 5:38 am

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.

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386 Manish Chauhan December 19, 2012 at 12:41 pm

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

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387 Suresh December 20, 2012 at 12:25 am

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.?

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388 Manish Chauhan December 21, 2012 at 10:37 am

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 !

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389 Mahesh December 19, 2012 at 3:09 pm

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.

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390 B S December 25, 2012 at 1:09 pm

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.

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391 Manish Chauhan December 25, 2012 at 5:45 pm

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 !

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392 Poonam January 1, 2013 at 1:08 pm

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?

Reply

393 Manish Chauhan January 3, 2013 at 5:48 pm

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

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394 Rakesh January 7, 2013 at 8:49 pm

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.

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395 sunil January 1, 2013 at 6:38 pm

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.

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396 Manish Chauhan January 3, 2013 at 4:47 pm

Sunil

How will he do the sale as he is not owner ? File a case against him ..

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397 jaya January 5, 2013 at 10:07 pm

who is the first legal heir of adeceased man who didnot make awill

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398 daya January 5, 2013 at 10:25 pm

who is the first legal heir of a deceased man who didnot make will and left wife sons and mother

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399 Manish Chauhan January 7, 2013 at 7:04 pm

There is nothing like FIRST and SECOND legal heirs . in your case, son , mother and wife – all 3 are valid legal heirs equally !

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400 Durga Partha Sarathi January 7, 2013 at 8:26 pm

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

Reply

401 Manish Chauhan January 8, 2013 at 10:15 am

“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

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402 Rakesh January 7, 2013 at 8:34 pm

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.

Reply

403 Manish Chauhan January 8, 2013 at 9:53 am

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 !

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404 Rakesh January 9, 2013 at 12:39 am

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.

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405 daya January 9, 2013 at 9:20 pm

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

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406 K Basavaiah January 10, 2013 at 7:51 am

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

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407 Vishal January 15, 2013 at 7:59 pm

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

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408 Manish Chauhan January 18, 2013 at 2:22 pm

Nominee does not mean anything when it comes to finally owning the amount , read this – http://www.jagoinvestor.com/2010/10/will-your-nominee-get-the-money-on-your-death.html

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409 Vishal January 19, 2013 at 5:46 pm

Thanks Manish

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410 Vikas Sood January 20, 2013 at 1:00 pm

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

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411 Manish Chauhan January 22, 2013 at 4:48 pm

You can always buy the flat if its on her NAME , if not ,better involve a lawyer in this

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412 avanish January 21, 2013 at 9:18 am

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

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413 Manish Chauhan January 22, 2013 at 4:34 pm

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 .

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414 ashish kumar January 21, 2013 at 7:06 pm

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

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415 Manish Chauhan January 22, 2013 at 11:27 am

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

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416 ashish kumar January 22, 2013 at 6:01 pm

Thanks. If mother gives NOC then is it possible to register the flat in name of wife and son only. If yes, how it is to be done? .

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417 Manish Chauhan January 22, 2013 at 6:10 pm

Yes then its possible , you will have to meet a lawyer anywyas.. so better do it that way!

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418 Prashanth January 26, 2013 at 8:53 am

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.

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419 Manish Chauhan January 30, 2013 at 5:12 pm

Documentation is the issue here, just a notarised document is not the PUCCA document. better meet a lawyer to resolve this

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420 Sachin Joshi January 28, 2013 at 1:09 pm

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 ?

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421 Manish Chauhan January 30, 2013 at 2:44 pm

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

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422 rajesh January 29, 2013 at 11:23 pm

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.

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423 Manish Chauhan January 30, 2013 at 1:13 pm

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

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424 rajesh January 30, 2013 at 11:35 pm

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

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425 Manish Chauhan February 7, 2013 at 6:08 pm

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.

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426 rajesh February 7, 2013 at 9:47 pm

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……

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427 Manish Chauhan February 11, 2013 at 8:18 pm

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

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428 Dhurandhar Bhatwdekar February 17, 2013 at 1:41 am

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.

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429 Manish Chauhan February 18, 2013 at 12:55 pm

Dhurandhar

As far as I have understood .. There is no heirarchy in this, all the people in the same class have equal importance ? Are you sure that there is preference ?

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430 jayalakshmi January 31, 2013 at 10:32 pm

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

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431 Manish Chauhan February 7, 2013 at 5:20 pm

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

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432 jayalakshmi June 22, 2013 at 6:48 pm

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

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433 Manish Chauhan July 1, 2013 at 5:19 pm

I not getting what is your problem !

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434 jayalakshmi July 1, 2013 at 10:38 pm

sir first party in legal heir is myself my two sons and my husbands mother but the government has issued certificate including my father in laws name and because of this they have transferred everything belonging to my husband in their names .one of my son is minor and what can be done of this

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435 Manish Chauhan July 5, 2013 at 10:42 am

this had to be looked before, you should have checked it while applying !

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436 Srishti February 2, 2013 at 3:18 pm

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

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437 Manish Chauhan February 6, 2013 at 2:47 pm

Yes, then you can file a case against them .. meet a lawyer. things should happen as per the WILL

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438 Srishti March 12, 2013 at 2:17 pm

Thanks very much for the reply! But what will happen of all the properties that are already sold off? Is there any legal binding to such acts of transgression, I mean are they punishable under the law of Hindu Succession Act?

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439 Manish Chauhan March 13, 2013 at 11:18 am

The matter will complicate , but you can always file a lawsuit to claim your share in that amount which has come after selling off !

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440 Saiba Singh February 3, 2013 at 2:02 am

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 ?

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441 Manish Chauhan February 6, 2013 at 11:33 am

It will pass on to the legal heirs which is WIFE and two daughters , as you are the children, you will not directly get it , but get a share only after your parents.

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442 Ved Prakash February 5, 2013 at 11:15 am

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.

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443 Manish Chauhan February 6, 2013 at 10:43 am

Ved

the problem is the sale has already happened, not to reclaim things , it will get very tough and long process. He should hire a lawyer for this now.

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444 Ved Prakash February 5, 2013 at 4:48 pm

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?

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445 ranbeer February 8, 2013 at 6:42 pm

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.

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446 Manish Chauhan February 11, 2013 at 7:53 pm

As far as I understand , Mother will still be a legal heir and should get her one share .

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447 ajay kumar February 9, 2013 at 2:43 am

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.

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448 Manish Chauhan February 11, 2013 at 5:44 pm

Once the property is SOLD and its on your name, then there will be no issue.

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449 Jagruti February 9, 2013 at 8:45 pm

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?

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450 Manish Chauhan February 11, 2013 at 5:06 pm

the WILL will be valid. Things should happen as per WILL, how can you change it ?

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451 Jagruti February 12, 2013 at 12:44 am

Thank you very much. I was not sure since we are just now finding out about this will 30 years later.

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452 sarabhjeet singh February 11, 2013 at 11:22 am

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

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453 Manish Chauhan February 11, 2013 at 3:52 pm

Is there no one is CLASS 1 ?

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454 sarabhjeet singh February 11, 2013 at 4:17 pm

No Class-I as he was unmarried when he disappeared and his parents are also no more now. He has also brothers and sisters.. Please guide me how to go about and claim for the share in the land as per Hindu Succession Law…. Should I file case in the court or write to the DC of the District.????

Thanks in anticipation….

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455 Manish Chauhan February 11, 2013 at 4:37 pm

then you should be a valid legal heir .. however I suggest you meet a lawyer on this

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456 mahesh kumar February 12, 2013 at 10:50 pm

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?

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457 Manish Chauhan February 18, 2013 at 2:32 pm

Mahesh

Yes .. her mother will still be a legal heir for him . The guy should have made a valid will

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458 Poonam February 20, 2013 at 4:19 pm

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.

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459 Manish Chauhan February 21, 2013 at 9:19 am

Yes it can be joint property and 50% part can be willed by either party.

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460 Unnikrishnan February 22, 2013 at 2:37 pm

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

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461 Manish Chauhan February 25, 2013 at 5:57 pm

Husband will be the legal heir !

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462 KK February 23, 2013 at 3:27 pm

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.

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463 Manish Chauhan February 25, 2013 at 5:15 pm

Did you understand from the article who all are legal heirs under class 1 ? Grandmother can write WILL for her share !

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464 vinoth February 24, 2013 at 10:38 pm

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.

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465 Manish Chauhan February 25, 2013 at 4:59 pm

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 !

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466 vinoth February 25, 2013 at 10:51 pm

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.

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467 Manish Chauhan February 27, 2013 at 10:14 am

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 !

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468 gunasekar r February 25, 2013 at 5:59 pm

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.

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469 Manish Chauhan February 25, 2013 at 6:07 pm

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 !

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470 P.SARATHI February 27, 2013 at 8:57 pm

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

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471 Manish Chauhan March 1, 2013 at 8:47 pm

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 ,

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472 Sneha March 1, 2013 at 3:19 pm

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…?

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473 Manish Chauhan March 1, 2013 at 7:58 pm

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 !

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474 Sneha March 2, 2013 at 10:46 am

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….

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475 Manish Chauhan March 3, 2013 at 10:11 pm

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 !

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476 Sneha March 4, 2013 at 11:44 am

ok thanks.. !

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477 Jayesh March 4, 2013 at 2:54 pm

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

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478 Manish Chauhan March 13, 2013 at 2:16 pm

Definately she can .. she is also one of the class 1 legal heir . So apart from wife and child , mother is also entitled for 1/3rd share !

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479 vamsi March 4, 2013 at 5:59 pm

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

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480 Manish Chauhan March 13, 2013 at 2:02 pm

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

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481 Debanjan Ray March 8, 2013 at 11:04 pm

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

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482 Debanjan Ray March 9, 2013 at 12:55 pm

I forgot to mention another point.
9) O was unmarried.

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483 Manish Chauhan March 13, 2013 at 12:36 pm

The only question you have to ask here is Who is a CLASS 1 Legal heir ..

I think in this case , its your wife as she is the daugther , rest all are class 2 heirs , right ?

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484 Debanjan Ray March 16, 2013 at 10:47 pm

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.

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485 Manish Chauhan March 19, 2013 at 11:24 am

I think you should open a thread on our forum – http://www.jagoinvestor.com/forum/

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486 Ankit March 11, 2013 at 2:18 am

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.

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487 Manish Chauhan March 13, 2013 at 12:01 pm

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 !

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488 Ankit March 14, 2013 at 4:19 pm

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?

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489 Ankit March 14, 2013 at 4:26 pm

Also please let me know if there is any particular SECTION or LAW mentioning that either me or my mom has legal rights in my aunt’s property. If yes, please tell me that section/authority so that I can show that to my uncle (aunts brother, Tauji) who says that we dont have any legal rights in my deceased aunt’s property and assets.

Thanks n Regards

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490 Manish Chauhan March 19, 2013 at 12:10 pm

You have rights only when your aunt does not have children or husband and if her property is given to her by her parents

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491 Ankit March 20, 2013 at 1:58 am

She was unmarried and all her assets and property is made by her own. She was a Session Judge by profession.

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492 Manish Chauhan March 21, 2013 at 8:57 am

Yes, in that case her parents are the legal heir and if they are also missing, then her SIBLINGS , which is your mother

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493 Ankit March 24, 2013 at 4:25 pm

when a hindu female dies intestate, then only surviving brothers and sisters are considered, or, heirs of pre-deceased borther are also considered

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494 Manish Chauhan March 27, 2013 at 12:22 pm

Only the surviving siblings will be considered

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495 Manish Chauhan March 19, 2013 at 12:12 pm

You can go to sub registrar office and enquire on this

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496 Mita March 11, 2013 at 8:57 am

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.

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497 Mita March 13, 2013 at 6:42 am

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.

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498 Manish Chauhan March 13, 2013 at 10:50 am

If sister can prove all these points , then the matter will be as per her wish, but you know the court system , thats the problem , its slow !

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499 max March 15, 2013 at 9:57 am

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.

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500 Manish Chauhan March 19, 2013 at 11:58 am

If your name is there in the WILL , then there is no issue

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501 roshni March 16, 2013 at 12:31 pm

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

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502 Manish Chauhan March 19, 2013 at 11:29 am

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 !

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503 Raj March 18, 2013 at 12:36 am

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

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504 Manish Chauhan March 19, 2013 at 10:59 am

Definately .. You will get the share of your parents ..

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505 Tharun March 19, 2013 at 11:41 am

thanks for your reply. What if they( my grand parents ) dont want to give a share to my mum( expired )

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506 Manish Chauhan March 19, 2013 at 11:46 am

Yes that can happen . Now she is not in picture, so now you are one of the legal heirs . But if they do not give you anything in their WILL , then you will not get anything . Its all on them !

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507 Tharun March 19, 2013 at 1:23 pm

Thanks you sir for helping me in this issue.

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508 raju March 22, 2013 at 1:11 pm

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,

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509 Manish Chauhan March 23, 2013 at 9:31 am

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 !

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510 Rajesh March 22, 2013 at 10:44 pm

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?

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511 Manish Chauhan March 23, 2013 at 8:53 am

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 .

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512 bhrat shah March 28, 2013 at 11:01 pm

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?

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513 Manish Chauhan April 3, 2013 at 12:05 pm

1. Yes

2. Yes

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514 Prashant March 29, 2013 at 9:25 pm

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.

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515 Manish Chauhan April 3, 2013 at 11:06 am

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 ! .

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516 Devidutta Panda March 31, 2013 at 8:13 pm

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 …

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517 Manish Chauhan April 3, 2013 at 9:59 am

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 !

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518 Malik April 3, 2013 at 11:17 pm

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

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519 Manish Chauhan April 6, 2013 at 12:03 pm

it will go to both of you as you both are class 1 legal heirs

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520 Sunny April 4, 2013 at 11:48 am

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.

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521 Manish Chauhan April 6, 2013 at 11:53 am

No , When A dies, all full owner is now C , who is the joint holder of the account . Joint Holder means the another OWNER !

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522 Sunny April 11, 2013 at 9:09 am

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?

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523 Manish Chauhan April 12, 2013 at 10:18 am

That would be a tough one .. I suggest contact a lawyer for this .

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524 SB April 4, 2013 at 6:33 pm

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.

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525 Manish Chauhan April 6, 2013 at 11:42 am

I think you will first have to transfer the house on your name , only then you can sell it

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526 SB April 6, 2013 at 1:50 pm

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 ?

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527 Manish Chauhan April 12, 2013 at 12:55 pm

If there is no documentation issue , then you can go ahead, but how will you sell if its not your name ? There has to be a HOUSE OWNER in between do SELL , correct ?

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528 Vasu April 30, 2013 at 4:42 pm

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.

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529 siddheshwar April 8, 2013 at 3:47 pm

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?

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530 Manish Chauhan April 12, 2013 at 12:18 pm

Yes he can have it , if not him , the child will have , but not mother

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531 Need Help April 9, 2013 at 11:54 am

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?

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532 Nimit April 11, 2013 at 10:14 pm

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

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533 Manish Chauhan April 12, 2013 at 10:07 am

Yes, if one person is interest in division , the property is to be divided, but it can also be settled by paying the market value of 1/3rd part .

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534 Nimit April 12, 2013 at 11:10 am

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 ?

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535 Manish Chauhan April 12, 2013 at 11:37 am

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 .

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536 Lata April 16, 2013 at 3:29 pm

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?

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537 Manish Chauhan April 19, 2013 at 11:14 am

Hi Lata , I surely do not think like that . My wife herself earns money all by herself . We are just talking about the majority population here

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538 Lata April 19, 2013 at 11:43 am

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…

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539 Adi April 19, 2013 at 12:20 am

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 ?

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540 Manish Chauhan April 19, 2013 at 10:16 am

No there is nothing like first entry gets all ! .. If that was the case then , there was not point of having it altogether. All the people in a class get it equally ! ..

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541 akash April 24, 2013 at 11:26 pm

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.

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542 Manish Chauhan April 26, 2013 at 11:03 am

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 ..

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543 ravi April 26, 2013 at 1:18 am

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.

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544 Manish Chauhan April 26, 2013 at 10:28 am

You should be the legal heir in this case . You have met with some lawyer or not ?

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545 ravi April 27, 2013 at 1:04 pm

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.

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546 Manish Chauhan May 6, 2013 at 6:56 pm

I personally dont know a lawyer , but surely you should hire a lawyer in this matter.

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547 Vasu April 30, 2013 at 5:11 pm

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?

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548 Manish Chauhan May 6, 2013 at 5:18 pm

Vasu

Its a complicated issue now , which cant be discussed here :) . You need to see a lawyer anyways !

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549 kiran May 4, 2013 at 12:18 am

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

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550 Manish Chauhan May 6, 2013 at 3:51 pm

How do I help you , If your marriage is still legal and if he has not written any WILL ,then you are entitled for equal share

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551 bish na May 6, 2013 at 8:45 am

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.

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552 Manish Chauhan May 6, 2013 at 2:34 pm

No they cant . Because Wife has earned it and is free to give it to anyone ! . Make sure you register the WILL

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553 bish na May 7, 2013 at 7:31 am

Thank you Sir, please be kind enough to qoute or refer some rulings or citation on this subject by Supreme court Or High courts

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554 Manish Chauhan May 10, 2013 at 4:28 pm

You can read the full succession laws on this .

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555 deepak May 10, 2013 at 5:03 pm

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

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556 Manish Chauhan May 18, 2013 at 2:23 pm

WILL is always final , only when WILL is not present, then legal heirs are decided using succession laws

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557 Durai May 19, 2013 at 4:37 pm

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.

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558 Manish Chauhan May 25, 2013 at 6:51 pm

Please post it on forum – its too long to discuss here – http://www.jagoinvestor.com/forum

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559 Kranti May 21, 2013 at 3:11 pm

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.

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560 Manish Chauhan May 25, 2013 at 5:52 pm

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

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561 dev bhardwaj May 27, 2013 at 5:07 pm

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.

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562 Manish Chauhan May 31, 2013 at 5:31 pm

on what basis are they asking ? ONce the division has already happen , I think it would now be tough for them to get anytihng .

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563 suresh May 28, 2013 at 3:15 pm

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.

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564 Manish Chauhan May 31, 2013 at 5:03 pm

Only the children will get it . Means the grandchild

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565 Durai May 28, 2013 at 7:46 pm

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

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566 Ramkishan Jeth May 29, 2013 at 11:54 am

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,

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567 RAMKISH JETH May 31, 2013 at 12:05 am

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,

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568 Manish Chauhan May 31, 2013 at 4:10 pm

If there were no children , then you and your brother are the legal heirs , meet the lawyers now

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569 RAMKISH JETH June 17, 2013 at 2:30 am

Dear Manish,
we really appreciate the grate job you are doing, with this i really urge every person to make their will sooner, today, rather keeping it on tomorrow.
i have one more query, suppose Brother-in-law family, brother and sister (who are legitimate no will) + some of other legitimate have already divided tangible assets in particular, ignoring calling any person from our family despite knowing the facts, can we brother and sister of the women can claim from the funds maintained by our sister as first holder of account,
please advise,
thanks

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570 Manish Chauhan June 22, 2013 at 9:48 am

Yes, you can . better talk to a lawyer on this .

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571 Durai May 31, 2013 at 8:10 pm

dear Manishji,

pls comment on this question.
can we apply the latest amendment in HSA 2005 backdated ?
I am told that any amendment in law is prospective and NOT retrospective.
If so, decade earlier to the amendment date,ancestral lands were inherited by sons only when the father died.Can the sisters( 0r their heirs) of fathers or grandfathers claim shares in those lands now? (which were traditionally handed over to sons or sons of sons)
Thank you
durai

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572 Krishna June 1, 2013 at 11:30 pm

Mr Chauhan, thank you for being such a help to millions. Please keep up the good work. Some questions. 1) If a person dies followed by spouse also in death within a few months, leaving behind a registered will in the name of his successors, what happens in a metro city where the trend now is to give up the property to builders to build flats (successors unable to re-build on own). Let us say the property is re-constructed in the given proportion as per the WILL (or monies distributed accordingly), are the successors free to WILL their share as they please? (Property is original acquisition of parent, not ancestral). Please reply only to my email and do not publish this on your website till matter is sorted out. Thank you.
Krishna
Question 2: What if one of the successors refuses to come forward to realize the WILL and refuses to communicate despite many requests to do so, what can the rest of the successors do to expedite settlement? A legal notice was sent to the errant successor which temporarily activated that person into asking for a direct settlement and not to go through courts. Request was complied with but ever since the legal angle was removed, the errant successor has gone back to old trick of not communicating. Please help. Urgent.
Ques 3: If one of the successors is divorced without heirs, what happens to that persons share if that person dies before settlement of WILL ? There are 4 successors. The errant successor has two children, the next has two legally adopted children and the fourth is married with no heirs. Except for one, all the other three live in the US making it more complicated to realize anything.
Krishna

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573 Manish Chauhan June 4, 2013 at 4:25 pm

Hi Krishna

We can only reply to those questions which can be public .

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574 krish June 2, 2013 at 12:11 pm

sir
my mother’s are 5 sister and 1 brother. before dying my mother’ s father make a will and give all property to his son. if the property is ancestral .is we are liable to take legal action. plz guide us…

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575 Manish Chauhan June 4, 2013 at 4:10 pm

Yes, if the property is ancestral , then you can claim a share , the WILL cant be made like that

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576 Nishant June 6, 2013 at 7:53 pm

Hi i would like to know the distribution of wealth for the following complicated scenario.

Say Person A, B , C are my mothers brother (Mama )
A and B are married C is unmarried
A B C have a joint business ( they started on their own..nothing ancestral )
C (unmarried man) died of old age.

Now my mother’s family consists of
Brothers A. B ( C died)
Sisters : My mother X, her sister Y, ( Sister Z is dead)
So living persons are brother (A,B) and Sister (X,Y)

C died without making a will. so how will the wealth be distributed in following 2 cases
a) he died without any will or any other legal document
b) he died without a will but had given power of attorney to his brother ( Brother B)

It would be great if someone can give their opinion on this.

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577 Manish Chauhan June 8, 2013 at 11:06 am

It also depends how was the business structured . Was it a registered partnership firm or just a shop act licenced one or without anything ?

a and b) In both case incase the will is missing, all the 2 brothers and 2 sisters become legal heirs and should get 25% part of the C share .

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578 Kumar June 7, 2013 at 6:06 pm

Hi Manish Sir,

I have a query please if you could assist ….

If grandfather owned property is allocated to A,B,C by simply writing on paper and signing it (WILL), without any evidence signatory person ….. then can this WILL be proved as non- genuine (written under due pressure etc etc) and can this property be claimed by B in half after the death of A (who is father of B,C) …. based on ancestrial property (i.e. flowing from Grandfather to A and then to B,C)

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579 Manish Chauhan June 8, 2013 at 10:47 am

Yes, one can always file a case that the will was not genuine , if you are sure you can prove it

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580 Jyoti June 12, 2013 at 4:32 am

Hello Manish – Very good information. It’s nicely written.

One question though ….

If Dad died without a will and everything is owned by him .The property goes to Class 1 hiers. i.e,

Mother , 2 sons, Widow wife .

Let’s say the share is still in Dad’s name and Mother unfortunately passed away with out getting her share.

Then will that share (mothers part) go to dad’s brothers .Or does that share actually 1/4 will be 1/3 now . Equally shared between widow wife and 2 sons.

Below is what confuses me :
————————————
Only if there is no one available in Class I, then relations under Class II can claim their rights.

Thanks,
Jyoti

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581 Manish Chauhan June 14, 2013 at 11:11 am

Only at the time of division which all legal heirs are alive it taken into consideration !

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582 Himanshu June 14, 2013 at 5:26 pm

Hello Manish,
A really nicely written article you have posted here. Can you kindly clear one point for me? I will explain in detail the scenario for you-

My father (Mr. F) had 2 daughters (D1 and D2) from a previous marriage. On death of his wife, he married my mother (Mrs. M) and I was born (Mr. S) . In the year 1997, D1, my elder step-sister had a daughter (Miss C). Unfortunately, in year 2000, D1 met with an accident and died. After that, ‘C’ lives with us in our home, but her father looks after all the financial burdens. My second step-sister, D2, got married in 1998 and then got divorced in year 2004. She also now lives with us and has an independent job.

Now, in the event that my mother(Mrs. M) meets her demise, how will all the property be divided among us? Being a step daughter, will D2 and also C be eligible for property share? I have mentioned the year of my step-sister’s death because I heard that some new provisions were added to the law in 2005, and hence this may come into play.

Thank you for your valuable time.

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583 Manish Chauhan June 22, 2013 at 10:24 am

HImanshu

This seems to be a complicated case beyond my technical knowledge. its suggested to involve a good lawyer in this

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584 Srinivas June 18, 2013 at 5:12 am

Sir,
My Father-in-law has 2 daughters and no sons. Recently he died with no will. I understand that my MIL will get 1/3 share and each of the daughter will get 1/3 share. Does my MIL has rights to transfer 1/3 of her share to any of the daughter or grandchild? What rights my wife will have on the 1/3 share which my MIL holds now. The property is all inherited by my Father -in-law from his parents.

thanks
Srinivas

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585 Manish Chauhan June 21, 2013 at 3:40 pm

The MIL can do what ever she wants for her 1/3rd share. She has acquired it and now its her property . Atleast as long as she is alive, she can do whatever she wants. If she does not write a WILL , then that property will again go to both daughters in 50:50 ratio.

Manish

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586 Shubhi June 20, 2013 at 1:00 pm

Hi Manish,

Please tell me if father doesnt give anything to a son in his will ,can his daugther in law or grandchildern claim for his property after son and father both are died ?

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587 Manish Chauhan June 21, 2013 at 11:42 am

No

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588 Shubhi June 21, 2013 at 1:26 pm

Thanks for the reply manish,
I have one more question.Can son challenge his fathers will if he gets nothing . If he can then on what grounds can the will be challenged? and how many chances are there for his win?

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589 Manish Chauhan June 21, 2013 at 3:21 pm

Shubhi

If the father has earned everything on his own (have not got anything from top generation) , then you cant challenge anything . A person can WILL his everything to anyone . However you can only contest if you feel that someone has tried to influence your father into making the WILL or tried to put pressure (only if you can prove it) .

Manish

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590 Shubhi June 21, 2013 at 6:27 pm

Thanks for the information manish!!!

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591 Sunil Singh June 20, 2013 at 1:08 pm

Hi Manish,
I would like to know My grandpa died without writing a will.He has only 2 male child my dad and my uncle now for division of my Grandpa property my uncle asks to divide even my dads property to 50 -50 which was all earned by him alone. Is there any such provision in LAW?

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592 Manish Chauhan June 21, 2013 at 11:42 am

No , only grandfather property has to be divided into 50:50 !

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593 jayalakshmi June 20, 2013 at 3:23 pm

sir my husband died in a road accident ,in 20 days my father in law has taken a legal heir certificate which includes me my major son ,minor son ,father in law and my mother in law .can this be changed,after them will their children automatically become my husbands legal heirs as they are my father in laws children .how can this be solved can anything be done now as to not to include their names is it law to include them he said it is law and got signature from me

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594 Manish Chauhan June 21, 2013 at 11:39 am

What matters is the current status, not what happens in future. At the moment , your mother in law is a valid legal heir, not father in law . Catch a good lawyer if any issues

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595 RAMKISH JETH June 21, 2013 at 5:10 pm

RAMKISH JETH June 17, 2013 at 2:30 am

Dear Manish,
we really appreciate the grate job you are doing, with this i really urge every person to make their will sooner, today, rather keeping it on tomorrow.
i have one more query, suppose Brother-in-law family, brother and sister (who are legitimate no will) + some of other legitimate have already divided tangible assets in particular, ignoring calling any person from our family despite knowing the facts, can we brother and sister of the women can claim from the funds maintained by our sister as first holder of account,
please advise,

can we sue them legally, if they have siphon the funds, or bank has allow them to premature the deposits, despite, as understand from your site that
QUOTE..
In case of a joint FD in either or survivor mode if any of the owners passes away, then the survivor gets the FD only on maturity. He or she can’t make a premature withdrawal.”
This was a surprise for us, but the manager also showed us the circular from RBI stating the same. I am not sure what is it the RBI wants to achieve from this but I find it a little odd as it will be a problem for people who will be in need of money.
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76 Manish Chauhan May 1, 2012 at 11:43 am
1. I guess thats the rule ! .. SO your mother will have to wait for the FD to mature ! ..

Please advise

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596 ravi June 25, 2013 at 6:33 pm

Hi im ravi. my mom expired 7 years back and dad remarried after my mom death. i have 2 sisters and one brother ( 4 childs). my dad has property and started selling and buying new properties on her second wife. now my quesyion is , my mom has a house which was self earned by her but she did not write any will. so the property will be shared? we 4 childs or including my dad?

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597 Manish Chauhan July 1, 2013 at 4:53 pm

Only between your dad and you !

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598 umashankar June 29, 2013 at 6:32 pm

Dear Mr. Manish , At the outset kudoos to you on explaining clearly the will point. Now my query:
My father purchased a property in Delhi in 1970 and died in 1993. My mother got hold of the property and she passed away in 2001. NO WILL WAS WRITTEN. We 3 brothers did not take any interest in the property because all were outside India. Now me being the 3rd son returned to India wants to have the matter settled. Both my 2 elder brothers are in their 70. We have only the death certificate and nothing else.How to proceed. I stay in Chennai, can I apply for legal Heir-ship Certificate in Chennai itself. or to be prepared at Delhi only. and should I also have to get the succession certificate. Please mail me: at babuji1960@gmail.com. will be thankful. regards.umashankar

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599 Manish Chauhan July 1, 2013 at 2:13 pm

This is now at a stage that a lawyer will anyways be required for this. Better catch one
!

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600 svk June 30, 2013 at 9:06 pm

Nice article sir, one question what happens in case of a forged WILL.my grand father had two wives ,first wife had 1 daughter & 2nd had 2 son (1 my father).A
property has been given to her ,she is a widow & no children .she passed away recently .Her husbands heirs are claiming her property .whom does it belong to pls can u give your suggestion.

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601 Manish Chauhan July 1, 2013 at 2:05 pm

If husband and children are no more, then it will go to her relatives and heirs

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602 baljeet July 1, 2013 at 10:56 am

Hi Manish, u mentioned in the article that in case a person dies leaving a will, his wealth is distributed according to the will. In my case my husband was in the army and he died leaving his will and nomination for his everything to me and my daughter but the army is withholding a huge chunk of his insurance money, in case any of them want to claim. Can they do that?
My second question is regarding my husband’s family home. After my husband’s death, my mother in law has refused us any kind of help. Despite the fact that the first floor of her house is on rent, she refuses to get it vacated for us to move in. Can I claim a share in that house legally while she is still alive? As far as I know, the house is on my father in law’s name. I don’t know if he has left a will. Right now I am living in govt accommodation provided to my husband. And also can I file an RTI to get more info on that property?

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603 Manish Chauhan July 1, 2013 at 1:58 pm

there are 2 things here

1. Insurance money – Did your husband write in the WILL that any insurance money which is from his policy should go to you ? If yes, then you should be able to claim it, now world will always be tough for you as these things have to be fought, you just have the right with you , if defence is not cooperating with you then get a lawyer !

2. House – First you said that the house is in your father in law name ? now the question is what is your husband share in that ? Was there a WILL ? If yes, and if WILL says that everything is your mother in law’s , then you dont get anything, but if will said that your husband also has some part in it , then he has some share in it . If husband will does not talk about anything about his share of house , then again his share divides in between you and your mother in law .

So its better to catch a lawyer !

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604 baljeet July 1, 2013 at 2:34 pm

Thanks for replying so promptly, manish. The thing is that in his will my husband has willed everything that he owned; all his assets and the usual wordings of the will. It does not mention insurance. But is insurance something that is liable to be distributed to all heirs. This ‘will’ is mandatory for all army officers to make in their lifetime; so is nomination for Army Group Insurance fund, which again my husband nominated me for 100%. The army says that despite the will and the nomination, they have to keep half the amount incase some legal heir claims. And in case they do, then I’ll have to part with it. They say this is done in accordance with Hindu Succession act. Can it be true? It hurts because I have a little girl.
About the house, there is a will of my father in law that I have seen, which says that the house will be divided into his three kids after his death, i.e my husband, the older brother and older sister. But in case, one of them dies, nothing would be given to the dead sibling’s wife or kids. His share would be divided into the remaining two. I agree, my in laws are strange people. Now, my mom in law insists that there is a will in which my father in law has willed everything to her. This will I have not seen and may not be there because my father in law was paralytic and unable to write when he dies. Even if he has willed the house to her, can’t I contest for my daughters’ share? Does this property become ancestral for her? My husband’s family is totally trying to write me off now that he is gone. There must be something I could do.

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605 Manish Chauhan July 1, 2013 at 3:48 pm

ok, as far as I understand and WILL rules

1. Hindu succession law comes only when WILL is not present. So if the defence is saying that its as per hindu succession law, they might be thinking that WILL is not present. If they are still saying so ,then its not correct. You should catch a lawyer now to contest it, you should get it with some problems !

2. Regarding your father in law WILL, you youself are saying that the WILL says that incase any one dies (like your husband here), then it will not be passed on to the family below here and has to be divided between the other two , so as per his WISH, you should not get it, there is no place for morality and emotions in law , so you will not get it , it was ultimately your father is law property and he is free to give it to anyone as per his wish.

3. Regarding the WILL you are saying that it might not exist, you shoudl ask mother in law to show it ,else you will file a case against her. And you should do it . I suggest catching a very good lawyer and pay him the fees and settle this asap, these matters take few years anyways.

Family of your husband will surely try to write you off feeling you will not protest , but you should file a case against them for those things which legally are yours .

Manish

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606 baljeet July 1, 2013 at 4:02 pm

Thanks manish, that really helped.

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607 Sudheer Reddy July 9, 2013 at 10:27 am

I gone through the all the articles in this page but i did not get answer for my Problem(question)?
Here My problem(question) is My father is working as a govt head master and we are fist wife(died in 1999) children(3), me and two sisters elder(married and have one daughter) younger sister(not married) and after my mother died my father married (2001 )again for second wife have one son,now my step mother is ill not do your sister marriage for that my grand father is saying better to divide property from your father now still my father has 7 years of service,if i want to take my share what are all the things we need to fallow,after taking the property share i need to take care about my sisters.please advice me.Thanks in advance to every one.

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608 Manish Chauhan July 15, 2013 at 1:33 pm

ALl the property has to be divided into 2 wives and all children equally !

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609 sandip July 23, 2013 at 5:49 pm

Hi Manish,

My cousin sister inherited some ancestral property from her mother.
Later she expired leaving behind her son & husband.
In this case who will be the legal heir of this property? Only son or both in equal shares?

Regards

Sandip

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610 Manish Chauhan July 23, 2013 at 6:14 pm

Both in Equal

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611 Manish Chauhan July 29, 2013 at 5:58 pm

Both

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612 Saswata Maulik July 26, 2013 at 9:57 am

Informative article and very helpful. I have got a situation which needs some answers and it is as below:

It is a case of a female house owner i.e. mother who died intestate. The property has been successfully mutated among the eight sons and daughters equally. The heirs are planning to dispose off the house and share the proceedings equally amongst them. However the elder son is continuing to stay in the house and demanding compensation additionally to vacate the place. Incidentally the house owner was staying in her house throughout and her elder son was also staying with her. His contention is that he was looking after his mother, which the others are not accepting because they too were sending their mother money and other things for her upkeep and well being. Incidentally the mother and other legal heirs had never objected to their elder brothers making any provision of his own and are all agreeing for giving his equal share in his rights on disposing of the house.

1) Does the stand give the elder son any additional rights to the house if he has been staying there all along and continues to stay defying all the other inheritors opinion and wish?
2) Can he demand any additional compensation under the law or vacating the house and agree for selling the same as per the wishes of the other legal heirs.

Will appreciate any advice on the same.

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613 Manish Chauhan July 29, 2013 at 5:50 pm

The point is what are the proofs for all this, how will he prove this point. this case should be taken up with a lawyer now , there are many finer details, which we cant comment on

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614 jayakumar July 26, 2013 at 7:03 pm

Hi manish chauhan,

my grand father written his property to unborn child. he have 2 sons. he written property to the son who have male issue. if both have male issue they can share this property equally. if both not have male issue then female issue can take equal share.
unfortunately first son not having male issue. this property goes to second son male issue right? also second son male issue is not born until grand father death. as per will unborn child will take entire property?

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615 Manish Chauhan July 29, 2013 at 5:41 pm

I am not clear what do you mean by “male issue” ?

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616 jayakumar July 29, 2013 at 8:32 pm

My Grand father (Mr. A) had 2 son’s(S1,S2) and 3 daughters(D1,D2,D3).elder son S1 have 4 female daughter(issues) younger son have one male son(issue) and one female daughter(issue). Grand father (Mr.A) excecuted will on 1980 before died. will says property equally shared by S1 and S2 male issues. unfortunately son S2 not haveing male issue. and also will says if both son(S1,S2) not haveing male issues means property equally shared to all female issues. how this property divided? all property goes to S2 male issue Right?

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617 Manish Chauhan July 31, 2013 at 5:54 pm

NO , incase of S2 , the S2 will have some legal heirs , does S2 not have any children or wife !

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618 jayakumar August 1, 2013 at 4:46 am

sorry for the mistake. S1 not having male issue. S2 having one male and one female issue. will clearly mentioned property property will be shared equally by S1 and S2 male childrens. if both not having male children means then it will be shared equally to the female childrens. S2 only having one male children and will says rent of the property will be shared equally by S1,S2,D1,D2,D3. this property will goes to male issue after D1,D2,D3 died. how it divided?

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619 GIRISH G RAO July 27, 2013 at 2:16 pm

My uncle is hospitalized and in a serious condition. It is not clear wether he has made a will or not. He also does not have any children of his own. My aunt passed away early this year. I am the nominee of majority of his assets. However, his brother’s children are alive, and may demand a share of the property. Kindly advise as to how the distribution will be done.

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620 Manish Chauhan July 29, 2013 at 5:33 pm

Your uncle means you are also his brother child . so whoever is alive is also at the same level as yours. Now when you say NOMINEE, do you mean a normal nominee in a saving bank or FD ? If thats the case, then you are just a trustee and not owner. It should be divided as per succession laws .

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621 shri August 3, 2013 at 4:45 pm

I just got to know that mother is also class 1 heir in married son’s property..

what if it is son’s and his wife’s self acquired property?? in that case too ,, mother would be the class one legal heir? moreover mother is already the owner of a house costs in crores,, and not dependant on son,,, neither she is living with us,,, all the EMIs are getting paid by me and my husband,,, and the property is registered on the name of my husband.

sir, Plz reply !!

Thnaks

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622 Manish Chauhan August 5, 2013 at 12:08 pm

Yes, still she will be the class 1 legal heir . The only way wife will be able to get 100% is through a WILL created by Husband

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623 PS August 3, 2013 at 5:22 pm

What if one want to transfer his all property to a sole legal heir, not all??

I am an owner of a flat in coop hsg society in Mumbai,,, I want my wife to be the sole owner of this property,, no one else..

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624 Manish Chauhan August 3, 2013 at 6:13 pm

In that case you need to make a WILL and get it registered ! . Succession laws come into picture when WILL is missing

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625 PS August 4, 2013 at 12:43 am

I have no issues with mother being a legal heir ,,,, but generally mothers don’t make will and their property gets divided into all her property’s class 1 legal heir,,,

mother should get a portion in son’s self acquired property if she is not earning and dependant on son,,, secondly if she gets an portion in son’s self acquired property, after her death the property that she got from the son ,,, should automatically transferred to the class 1 legal heir of the deceased son not the class 1 legal heir of the mother.

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626 Manish Chauhan August 5, 2013 at 10:26 am

Thanks for your views :) .

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627 TARUN KOHLI August 6, 2013 at 11:03 pm

WE ARE HINDU BY RELIGION.MY FATHER-IN-LAW WHO WAS IN HIS OWN BUSINESS EXPIRED IN APR’13. 5 YEARS BACK MY MOTTHER-IN-LAW ALSO HAD EXPIRED. NOW MY WIFE & HER YOUNGER SISTER WERE TOLD BY THEIR ELDER BROTHER THAT NO WILL WAS CREATED BY THEM. KINDLY ADVICE WHAT ARE RIGHTS OF MARRIED DAUGHTERS IN ABOVE CASE & HOW WE CAN PREVENT THEIR BROTHER FROM MISUSING THEIR PARENTS FUNDS/ASSETS.WE SUSPECT HE IS HIDING SOMETHING, PROBABLY INCLUDING A WILL & IS THERE ANY WAY WE CAN PREVENT HIM FROM MISUSING THIS SITUATION TO HIS FAVOUR-INCLUDING OPERATION OF THEIR PARENTS LOCKERS, BANK ACCOUNTS, JEWELLERY, PROPERTY ETC.

KINDLY ADVICE.

THANKS IN ADVANCE.

B.RG/TARUN KOHLI

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628 Manish Chauhan August 9, 2013 at 10:16 am

If they say that WILL was NOT created, its actually good for you. In that case all the children have equal rights in your father + mother property (in their name) . So tell them that ok , lets divide the property as per Hindu succession act.

Manish

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629 Jignesh Kumar August 9, 2013 at 4:49 pm

Hello Experts,

Greetings!

I have a question regarding partition of ancestral property. We are a Hindu family. Here is the scenario, in sequence.

The property concerned is in the name of my Late Grandfather who passed away in 1995.
1. My grandfather left behind his widow, 2 sons and 1 daughter.
2. One son passed away in 2003, leaving behind his widow and 2 daughters.
3. My grandmother passed away in 2010, leaving behind a registered will that bequeathed her share of the property to the living son.

I would like to know what is the validity of the will and what will be the inheritance pattern in this case according to law.

Thanks in advance

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630 Manish Chauhan August 12, 2013 at 2:40 pm

As per my understanding the Mother Part of property will go to the person she wanted. but the rest part will be distributed towards all the entities 25% , which will be mother, son1 , son2 , and daugther !

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631 Bikram Bhusan Sinha August 11, 2013 at 1:00 pm

Hi Manish,

I have issues with my parental property. My father is missing and he hadn’t prepared any will for our land and the house on it. Now in this case, what I need to do in case I want to put my mother as the sole ownership ? We are two siblings, me and my elder sister.

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632 Manish Chauhan August 12, 2013 at 2:25 pm

First you would need to declare the death of your father, just because he is missing does not mean he is dead and unless he is dead, you cant transfer the ownership like this. Better talk to a good lawyer in your city

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633 Harikrishnan August 13, 2013 at 8:10 pm

My Grandmother (My mom’s mother) owns a land and died 10 years back without writing any WILL. My Grandmother has 2 daughters (my mom & my mom’s sister) and 1 deceased son (my uncle). My mom’s sister & my uncle are also having the children. Now who will get the rights to acquire the land.
- Since the land was purchased with father’s money, my mom’s sister is agreed that she will not interrupt in getting ownership. What is procedure to legally file this agreement?
- What is procedure to make the land in my Mom’s name?
- Does any Grandchildren have rights to get any share from this?

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634 Manish Chauhan August 21, 2013 at 2:33 pm

You mom and your sister mom, both of them must have the equal share legally in case of absense of WILL

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635 R.Shashikala. August 22, 2013 at 3:58 pm

Dear Manish,
My father has left a huge Bunglow ( Self earned) in Mumbai. After his death is 1962 the same was occupied by my 3 brothers (now 2 deceased without an issue) as per my father’s so called “Will” which no one has seen. Now all of a sudden after 45 years the surviving brother is asking me, my sister and daughter of the 2nd deceased sister to sign documents forgoing their rights to the property. Does this mean that there was no “Will” in the first place? How do I get to the bottom of the truth. Do I have any right in the property?
R.Shashikala.

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636 shakthi August 24, 2013 at 11:43 pm

My deceased mother registered will stating her house has to go to my brother,now it got lost can i claim the property based on womens 50 percent share

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637 Manish Chauhan August 29, 2013 at 11:20 am

If there is NO WILL , then hindu sucession will apply , surely you are entitled to 50% share.

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638 shakthi August 25, 2013 at 10:20 am

Dear Manish,

My mother passed away during 2004,she registered a will in favour of my brother it happened while i was in singapore my bro forced played some emotional dramas and got it done,at the time i was in a good position so my mother felt that house has to go to my bro and the plot ( which is in my fathers name who is alive at present) for me,but unfortunately i got divorced with nil properties,meanwhile my bro squeezed eveything from my father including his pension amount,plot is still with my father and my bro is claiming.Now what should i do now ? can i sue them?if i do what is my winning possibility since i am single i have to face all the consequences with my only daughter .kindly guide me

Shakthi

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639 Manish Chauhan August 29, 2013 at 11:17 am

the sad thing here is the person has assigned everything to other party by their own wish . Even if there was some emotional drame played. WHAT IS THE PROOF ? May be you are lying ? Are you getting my point . You need proof in court otherwise you cant do anything . May be you will have to pay in life because others are more cunning and smarter than you . You can ask your father to give you the plot in his WILL because of the situation !

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640 sa September 23, 2013 at 11:33 am

what if the property is in woman’s name which is bought with the money that was earned by her and not given to her by her parents or her husband? And if her husband and her children are also not there? In case of absence of will, how will it be distributed?

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641 Manish Chauhan September 25, 2013 at 12:58 pm

It will go back to your legal heirs from Parents side !

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642 Murali October 10, 2013 at 6:53 pm

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

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

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643 Manish Chauhan October 18, 2013 at 10:56 pm

No , I dont think its a good idea. the land might get tangled into legal trouble . Always buy from the person on whose name the land is !

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644 Rajendra October 10, 2013 at 10:33 pm

Dear Manish,

My problem is concerning our ancestral agricultural land in Uttrakhand. Can you please clear my doubt..

In the year 1976 my late fathers brother made a will of his share of our ancestral agricultural land on my name, during this time I was a school going child. This will remained for about 25 yrs on my name. Now just before his death at the age of 80 yrs in 2004 Nov he made another will on his married daughters name aged 55 yrs as he had no sons.

I would please like to know what happens to my will which was the first will?
Where do I stand in claiming the property?
Can the second will be challenged?

Thanks and regards,

Rajendra

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645 Manish Chauhan October 18, 2013 at 10:25 pm

WILL can be changed anytime , the latest WILL is always valid ! . The person changed his mind, thats all . you cant do anything

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646 rajeev October 16, 2013 at 3:17 am

Kindly advise on two points
1. Does a person has the right to give a property acquired after family settlement and division through will.
2. What is the remedy if an unregistered will (originally attested by notary) is lost and only a notary attested will copy is available.
Thanks

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647 Manish Chauhan October 18, 2013 at 9:07 pm

1. Its your property – so you can do whatever you want from it
2. If its not registered, you have no authenticity about it . It can be challenged in court !

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648 Vivek October 16, 2013 at 1:31 pm

Hello Manish,
Nice article.
I have a question which I hope u can clarify.
My father bought a self-acquired residential Flat (in which we r living now)
which was fully paid by him from his own funds only, 15 yrs back and he was given Possession agreement by the builder and it is not registered as it was like that 15 yrs back.
The Flat is in my Mother’s and Fathers Joint names respectively.
We r 5 children of our parents. 2 daughters and 3 sons. All Adults and married.
We have never contributed any funds for purchase or maintenance of this residential flat.
My lovable Mother expired 2 yrs back without leaving any WILL.
Now, I wish to ask, If my father in the sole owner of the Flat now ?
Does the Flat automatically transfer solely to our Father name or we 5 children also have automatically inherited any rights in the said Flat passed on from our Lovable Mother which she had in the Flat as the FIRST joint name holder in the said residential Flat self-acquired by my Father solely from his own funds.
We are Hindus.
Plz let me know the status of this Flat now.

Regards.
Vivek.

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649 Manish Chauhan October 18, 2013 at 9:01 pm

You are saying that flat is not registered right ?

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650 Vivek October 19, 2013 at 1:50 pm

We have a Possession letter and possession agreement as this was the trend in Gujarat 12 yrs back………. Builders used to give Allotment and Possession letters and Possession agreement.
Now, I wish to know that, If the above mentioned Flat belongs to my Father alone after sorrowful demise of our lovable mother or we children also have right in the same flat ? As the Flat was in joint name of my Mother and Father respectively.

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651 Manish Chauhan October 26, 2013 at 2:13 pm

If it was on joint name , then your fathers part if his own , and mothers part will be divided equally among all !

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652 syam October 21, 2013 at 4:45 pm

I live in a house registered on my mother’s name. I and my mother have jointly invested in the construction of this home. My mother passed away 6 years back. My mother left a Will on plain paper (Unregistered). She mentioned the same in the will and written that we both are 50% stake holders. In her 50%, she wrote that 25% to be given to me and rest 25% to both my sisters. In conclusion she wrote that I shall get 75% and my sister the rest 25%. My sisters have given me NOC and I got the property mutated on my name. Will I have to get release deed from my sisters, or is NOC enough as I want to go for mortgage loan.

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653 Manish Chauhan October 26, 2013 at 1:42 pm

That would depend on the bank only . Please contact an agent from bank and enquire with him . Or you can also post your query on our forum – http://www.jagoinvestor.com/forum

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654 Satyan Raina October 23, 2013 at 9:55 am

Manish you have nicely presented the structure of how property should be divided. However you have not specified what documents and procedures are needed to present a proof of heirship. Suppose a person A had shared ownership of a property along with his parents. Upon the intestate demise of one parent the other two would become legal heirs. However if a person A and the alive parent want to sell this property what documents should they produce to prove inheritance without any doubt.

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655 Manish Chauhan October 26, 2013 at 10:12 am
656 Kusuma.K October 24, 2013 at 4:36 pm

My mothers father distributed his own earned property to his 3 sons and he wrote a will stating that his big old house belongs to his wife i.e my grand mother. In 2003 my grandfather died. My mother has 3 brothers, 2 sisters and amongst all my mother is widow and was very poor without getting any property from his parents. My mothers 2 sisters also did n’t get any property from their parents. Is there any right for my mother to get equal share in that old big house based on The Hindu Succession (Amendment) Act, 2005. Now all remaining 5 heirs are trying to avoid my mother from that big house partition matter. They are trying to get that big house property through a Gift Deed from my grand mother. Give us your suggestion in this matter.
Thanks in advance.
Kusuma.K

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657 Manish Chauhan October 26, 2013 at 9:31 am

I dont thing you can do anything . Because the WILL does not mention here and as it was earned property the grandfather is free to do whatever he wants .

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658 Jeearbi October 29, 2013 at 1:37 pm

Dear Manish,
Kudos for a good article & info. I need a clarification wrt your example 4. As per my understanding of HSA-1956 (obtained thro’ net) in this ex.4 the entire share shall go to father (see the provisions 9 & 10 from the act below). I do not know if the amended act in 2005 is treating it otherwise.
Thanks & Regards.
Provisions of the HSA-1956:
9. Order of succession among heirs in the Schedule:
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.
11. Distribution of property among heirs in class II of the Schedule:
The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.

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659 Manish Chauhan November 4, 2013 at 11:10 am

I am not aware of this in such a detail . better to catch a lawyer at this point !

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660 Viren November 7, 2013 at 9:40 pm

Hi Manishbhai,

I like your article and it is very nice, clean and easily understandable. Thanks for it!

I would like to share my case as below.
My Grandfather who died few years back who was holding some ancestor agricultural land. From that land nothing was bought by him and he didn’t left any WILL.

Grand father has below family
- widow(Grand mother who is alive)
- 2 son (alive)
- 1 son (is dead/predeceased having wife and two son)

I am grand child and my father is no more who is described as predeceased here.

Now, my grand mother made a will and she gave all those land to two of her son who is alive and nothing for her predeceased son.

Can I claim for such property? My understanding is that even if she made WILL we all are suppose to get same share of 25%.
- Grand mother 25%
- 3 son each 25%

Please advice.

Thanks,
Viren

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661 Viren November 7, 2013 at 9:50 pm

I belongs to HINDU family.

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662 Manish Chauhan November 12, 2013 at 8:27 pm

Yes, how can your grandmother make the WILL ? Is she owner of the land ? I hope she is not , the land must be on grandfather name only .

So you are correct , your father was entitled to 25% share and that should come to your family, infact you are 12.5% share owner as per law. so make sure you get in touch with a good lawyer and get it . It might take some years now , as you know legal battles last for long, but still its a good share :)

Also I assume that land is in your grandfather name and not bought in the name of grandmother, else its owned by grandmother only (as per law eyes) .

Manish

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663 Sunil Kaundal November 8, 2013 at 1:36 am

My Father died, he had a land bought himself ( not parental land) he has left behind

wife
two sons (Married)
one Daughter (Married)
Mother (widow but pensioner central Govt.)

Kindly tell me the share of the land & leagal heir in this case

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664 Manish Chauhan November 12, 2013 at 8:22 pm

Equal amount each person

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665 Sunil Kaundal November 15, 2013 at 7:18 pm

Dear Manish ,
Thanks for your reply.
You wrote that, equal ammount each persom,I told you that,land was bought by himslelf my father,how the equal share can go to my grandmother. My Grandmother has three sons & a daughter. If something happened to My grandmother then her share will go equally to all Or will go to ME & My brother. ( My father bought that land, If my grandmother die then share will go to my father’s two brothers & sister) is it? kindly clearify. (My father bought that land it should come equally to my mother ,my sister,my brother & me, why it should go to my uncle. I shally be highly thankfull & appericiated for your advise on this mater.

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666 sandeep raheja November 13, 2013 at 7:15 pm

my father died 2 months ago leaving a ppf account which has a balance more than 1 lakh with the nomination of my mother in the ppf account . my mother has expired 15 years ago and he forgot to change the nominee in his account . He has registered a will in which he has clearly written that my ppf goes to my son ( thts me ) . I have given the bank my dads death certificate , both my sisters who are heirs , their disclaimer as well as indemnity bonds but the bank is insisting on the succession certificate , i fail to understand when there is no dispute in heirs and i have a registered will which clearly states whome the ppf amount should go still the bank is adamant .

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667 Manish Chauhan November 14, 2013 at 2:24 pm

Hi Sandeep, we already had a long chat on gmail so I am not replying again here :) . PLease let us know the updates on the points I suggested to you !

Manish

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668 Manoj November 16, 2013 at 10:18 pm

The property in question is in the name of my grandfather who died in 1980 without writing a will.

He was survived by his wife, 2 sons and 2 daughters. His Wife (My grandmother) died in 1987 also without writing a will.

a) 1st Elder Son (My Uncle) died in 2011 without writing a will and he had no children. His wife died in 2007 without writing a will.
b) 2nd Son (My Father) died in 2003 leaving behind his wife and 3 children (1 son and 1 daughter).
c) 1st daughter (My Aunt) is married.
d) 2nd daughter (My Aunt) is married.

How the property will be divided among the 3 parties ie our family and my father’s 2 sisters?

I consulted 3 lawyers each of whom gave different opinions.

Opinion – 1)
The Property shall be divided equally in 3 parts.
1st daughter(33.33%), 2nd daughter(33.33%) and 2nd son’s wife and children(33.33%))

Opinion – 2)
My grandfather died in 1980. Married daughters (My 2 aunt’s) do not have any right to claim on property of the their father as Hindu Succession Act Amendment came in 2005 which entitled married daughter share in father property. My Uncle (Elder Son) and his wife died after 2005 without writing a will and had no children. so my aunt’s can only claim the share in their elder brother’s property.
The property shall be divided in 3 parts: 50%(2nd son’s wife and children), 50%(share of elder brother between 2 sister’s equally – 25% each)

Opinion – 3)
The Property shall be divided in 3 parts. The share of died brother (My uncle – Elder Son) will be distributed equally among his 2 alive sisters as sisters will be the legal heirs.
(1st daughter(25% + 12.5%), 2nd daughter(25% + 12.5%) and 2nd son’s wife and children(25%))

Kindly give me advice on the above matter.
Thanks

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669 Naresh November 18, 2013 at 2:25 pm

Dear Manish,

Need an advice on Property (worth Rs40 lacs as on date).

Property was acquired by my great-grand-mother from her ancestors. Great grand-mother has two daughters (Grand mothers) and both are widows now.

Great grand-mother died 5 years (at age of around 95 years) ago and the property is left without a known will. My grand-mother (2 sons, 2 daughters) stays with my father for last 20 years (over a period of 22 years stayed 2 years with my uncle).

My grand-mother’s (80 years) elder sister wants to acquire the property and she started influencing my grand-mother stating all unwanted stuff and convinced her that her son’s are not looking after her and hence she can sell the property without their consent and executed a plan to acquire the property by convincing my uncle. My uncle had taken care by providing Rs.200 to Rs.1000 for over 20 years.

They say that consent of my father is irrelevant. If the property is sold, no one will take care of her and money will be lost also. She is not able to understand is blindly relying on them and want sell the property and enjoy the money by giving to others.

Q 1- Is that possible to sell the property without my father’s consent?
Q 2 – If yes, what is the course of action?
Q 3 – What else can be done on a preventive action?

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670 ravi December 2, 2013 at 10:49 pm

unmarried chachaji died without writing any kind of will of ancestral property (agricultral land & house in village).(father and tayaji already died before chachaji)now one of the heir is presented a unregistered forged and fabricated will in his favor for all property of chachaji.now the question is what will happen to the share of the other legal heir’s.will they get their share in ancestral property or will the property goes to the person who presented the forged and fabricated will.there are total 19 legal heirs of the unmarried deceased male.case is pending before sdm.what will happen please tell.

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671 Manish Chauhan December 12, 2013 at 3:26 pm

First, you should not say that its “Forged and fabricated” so strongly . How do you prove that ? It will be decided by court of law ! . So all you can do is contest against the person in court !

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672 ravi December 19, 2013 at 6:18 pm

dear Manish Chauhan ji
First, you should not say that its “Forged and fabricated” so strongly . How do you prove that ? It will be decided by court of law ! . So all you can do is contest against the person in court !

i am saying this that will is forged and fabricated because the will contains forged signature of deceased chachaji .chachaji used to sign for his all his bank pension accounts and at so many other official records he signs.but the will which is forged contains diffrent signature than what chachaji used sign.it was confirmed from a reputed private handwriting expert.
by the way if i cannot say a forged will is forged than please suggest what should i say before the SDM OR civil court as it seems that u are more knowledgeble.
regards

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673 Manish Chauhan December 25, 2013 at 10:56 am

Ok , now you told things in detail . In this case you can surely say FORGED , because you have the proof of that . Better hire a good lawyer now and move ahead

Manish

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674 Parul December 29, 2013 at 3:16 pm

Hello Manish,
My name is Parul. Both my parents and elder brother died in a car accident in 2003. We had been living far from my Paternal family. Now me, my younger sister and my grand mother are the legal heirs of my father’s property. And as the property is on my father’s name, we all carry 1/3 share. I got married last year and my younger sister is still unmarried. My grand mother is 88 and stays very low due to her heart disease. I wanted to know if there could be any possibility of claiming my grand mother’s share by my uncle legally or the property would be divided among me and my sister equally after the death of my grand mother.

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675 Manish Chauhan January 4, 2014 at 12:18 pm

Yes if the property is still not divided , then on your grandmother death, it will be divided among you and your sister equally !

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676 venu rao January 14, 2014 at 5:11 pm

Who can claim expired persons provident Fund due??
Dear sir,

My father was coal india employee recently expired,all the due ( Gratutiy,LIC,Leave Encashment) of my father paid to my mother.But before my fathers marriage my father wrote Provident fund nominee as my grandmother 100%.after marriage he didnt changed/entered my mother (fathers wife)name in provident fund nominee list (Form A)..as we are dependent on father,how can my mother (fathers wife) claim complete 100% share of provident fund.

** Note:- Grandparents are not dependent on my father and they have differences with my father due to that reason father got ill and expired.

kindly give me advice and thanks in advance.

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677 Lipika January 31, 2014 at 10:30 pm

Dear friends,
I have a query related to land of my grandmother which is related to Hindu succession law.
Actually the land belongs to my grandfather and my grandfather died on 29-05 – 1986 and after the death of my grandfather; the land goes under the name of my grandmother.
My grandmother having 6 daughters and 2 son’s.
My grandmother died on 02-06-2013 and she doesn’t make any will, but before the death of my grandmother already 2 daughters have taken more than 60 % of the land out of 100% by doing some fraud way and already taken the signature of my grandmother.
Therefore 2 sons of my grandmother applied for the 40% of the land out of 100% under the law of inheritance to the authorized officer of the state, and in a legal way the authorized officer make the remaining 40% of the land under the names of 2 son’s .And now the son’s having a proof that they have taken 40% of the land in a legal way.
Therefore at present less than 40 % of the land under the name of the 2 son’s.
But now the remaining 4 daughters claims that the 40 % of the land taken by the sons of my grandmother in a fraud way and the 4 daughters want 40% of the land under the act of Hindu succession law.
The four daughters and their husbands of my grandmother are very rich, they are having so many properties in their name, and they are having so many businesses and so many vehicles that mean they are in the list of rich family in the city.
On the other hand the sons of my grandmother, they are very poor, they don’t have that much money also to survive .So this land is the only hope of their surviving.
Now my question is that in this case whether it is right to distribute the 40 % of the land equally among the remaining 4 daughters and the 2 sons under the Hindu succession Act 1956?
Because already 2 daughters of my grandmother have taken the land and the remaining 4 daughters are very rich enough but still they want the land in equal portion. Then it is fair to give the land to the remaining 4 daughters in equal portion instead of giving the land to the poor son’s of my grandmother?
If not so?
Then please suggest us some suggestion or laws against this so that i can able to fight for them and for the truth.
Your early response will be very valuable to me.

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678 Manish Chauhan February 1, 2014 at 6:18 pm

First point is who is rich and who is poor is not a basis for law . Court will not see this point as far as I understand things . Its not crime to be RICH , justice is same for all .

Also given that so many years are already passed, I dont think much will happen in this case ! .

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679 mdinya February 4, 2014 at 1:45 am

Dear Mr. Manish,

I wish to enquire about a properties earned by me fully , they are either in the name of parents (father and mother jointly) or Myself & my mother (mother as POA and nominee in society declaration). I have a sister who is married with kids and myself married too with two sons, no will is written nor registered , now what would be the legal responses for the following :

i) can my mother write a will giving 100% share to my sister for the property (jointly held with me).

ii) Can my sister claim her share after the days of my mother for the property (jointly held with me)

iii) Can my sister claim her share after the days of my parents for the property (jointly held by Mother and Father )

Advice will be appreciated for the preventive actions too.

Thanks in advance.

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680 Manish Chauhan February 14, 2014 at 8:47 pm

What matters is on whose name is the property , they are the real legal owners, not who paid for it. So in this case your mother, father are owners for their share , even if you jointly hold it with them.

Now YES, after your parents, their property will be divided into their children equally ! and one can claim for it .

Manish

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681 shiva February 6, 2014 at 2:03 pm

From : Shiva

Dear Manishji, Plz give me some advice.
My father inherited his ancestral property on which he constructed shops, and later sub-diveded it by giving all 3 sons 1 shop to each. which was recorded in property records while he was alive and all sons were bachelors while recieveing their share, keeping a part for his own which he wrote a will on my name for that part and passed away later.
one of my elder brother got married and his wife left him and stayed in her mothers house laterly we learnt that she has a son since 12 years she has not come back.
we all were staying together we are looking after all his needs, he says he dont want to give his share of property to his wife as she have been an embarissing part of his life. he wants to register a will in my favour, how to make it. will there be any problems. plz guide me

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682 Manish Chauhan February 14, 2014 at 6:03 pm

There should not be any issue, He can write a WILL in your favor !

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683 Karm Singh Kamboj February 8, 2014 at 4:53 am

Very good helping hand through this site.

I would like to take legal opinion and suggession related to our case.

Our father has expired on 27.2.2002 leaving legal hairs:
1. His Widow (our mother)
2. 6 sons (5 married and 1 unmarried)
3. A daughter (our sister), married

Our father has executed two registered WILL one in 1993 writting in the end ” it is last and final WILL” and another in 1994 written therein “executing second WILL” of about 4 acre ancestral agriculture land, a house constructed on ancestral land, a ancestral residential plot, a purchased residential plot, electric connections, gas connection, saving account, moveable property like agrculture machinery & implements etc.
Before his death and after ecuting the WILL of 1994 he has sold
agrculture machinery & implements,
a ancestral residential plot
transfer purchase residential plot to younger brother
and executed a sale deed of 5 biswas ancestral agriculture land in favour of our elder brother writting remarks on the sale deed that the purchaser (his son) will not claim this property separatly as this property is encluded his share mentioned in the WILL. The fact of this sale deed was not known to any other legal hair.

Our father had also initiated a move for obtaing the signature on the WILL of 1994 of above legal hairs but three legal hairs our mother, unmarried brother and sister refused to signed this WILL being unfare and partial partition.
This origional WILL is missing we are having the photo copy of this WILL provided by our father.
After the death of our father and for the purpose of end of family despute, a family settlement agreement was prepared. We, all legal hairs/ shareholder have agreed and signed this family settlement agreement.
Our elderbrother having sale deed of 5 biswas land is adament and trying his hard to impliment the WILL of 1994 and the matter is prejudice.
We want legal opionon and solution of this problem

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684 Manish Chauhan February 14, 2014 at 5:33 pm

Hi Karm

The thing is you should not take any legal opinion on this blog, because we are not competent enough like a lawyer . You should reach out to a lawyer on this matter.

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685 Puneet February 9, 2014 at 4:26 am

Hi Manish

I would need your advise on below:

My grandfather built a house (House A) in 1970’s in Mohali, Punjab. He had 4 sons and a daughter. The daughter got married in 1982. Unfortunately, my grandfather expired few years later. My father and mother also built another house in Zirakpur, Punjab (House B) in which both were joint owners (50% each). We were planning to divide the paternal property of my grandfather , but unfortunately my father expired before this. Few years later my grandmother also expired (In all cases no will was prepared). Now, since families have grown big, we are planning to divide the share. Please suggest my eligibility of my share from House A and House B. We are 2 brothers and 1 sister (all 3 married) along with our mother. I am a Hindu and reside in Punjab.

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686 Manish Chauhan February 14, 2014 at 5:26 pm

Hi Puneet

You should hire a good lawyer on this, your case is not a simple one but a complicated on which needs professional help

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687 shravan kumar kashyap February 18, 2014 at 9:24 am

Sir, I Have A Query With Respect To A property That Has Been Acquired by my grand father in the name of my grandmother. my grandfather died in 1991. after that my grandmother gifted all the properties to her youngest daughter in law in 2007. my grandmother is also died in 2014. my father is the eldest son of my grandmother. i just want to know is there any law to cancel that gift in order to make a lawful separation between my father and his brothers.

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688 Manish Chauhan February 21, 2014 at 10:56 am

once the separation is done, its too tough to cancel it . Meet a lawyer

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689 SHRAVAN KASHAYP February 22, 2014 at 4:20 pm

Sir, Actually There is no separation between them. And that is the main issue that has complicated the matter of separation

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690 Manish Chauhan March 3, 2014 at 11:52 am

I meant seperation of property has already happened. then its very tough to reverse it back !

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691 sanjay kulkarni February 20, 2014 at 4:13 pm

Dear sir,
What will prevail if nomination say in bank or demat account different than statement/declairations in will? ie nominnes are different and will is made in favour of some one else..?

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692 Manish Chauhan February 21, 2014 at 10:24 am

WILL will be the final thing .

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693 RPK February 25, 2014 at 6:02 pm

Dear Manish,

My wife died in a Foreign land in a road accident. I along with my 2 sons are survivors. She has a Father, mother and Brother. Our marital assets are 2 houses and a land in India. However all are in her name. Please advise how this will be divided.
Also, I need to know if I should go as per Muslim Law or Hindu law when applying for a succession certificate in the country of my work. It is an Islamic country.
RPK

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694 Manish Chauhan March 3, 2014 at 9:46 am

She died in foreign land, but where is the property ? It it in India or Islamic country ?

If the property is in India, and if you are HINDU , then the assets will be divided as per Hindu law only , All you need is the death certificate

Also it will be your and your son property , not her parents !

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695 amit Dewan February 27, 2014 at 4:08 pm

Hi Manish Ji

I have question . My grandfather has distributed few property in my father , three brother and my bua in 1958 through court and kept a piece of land on his name but in 1979 before his demise he made a will in favour of my father & two uncles. In 1996 my bua has asked for a partition case in the court which was dismissed, in our submission we have mentioned about the will. The case was dismissed & default due to stamp duty. Now MCD tried to acquire the same land in the year 2011 in which my father and my 2 uncles has only contested and won the case from high court.
Now in the year 2009 my Elder sister who is married along with my buas has put a case on us for partition asking court this property is HUF and all my father property is HUF.

Please tell me
In the year 1958 my father has got property from his father through family partition
In the year 1979 my father got that piece of land through will
Please let me know is My fathers property is HUF ?

Can my father is eleigible for doing a will on the same property

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696 Manish Chauhan March 2, 2014 at 6:58 pm

Hi Amit

Actually this is a complicated case and its not possible to comment on this as we are not professional lawyers, Better catch a good lawyer for this matter, we do not want to comment without understanding the case .

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697 Anonym March 2, 2014 at 7:54 pm

Hi Amit,

X died leaving behind his wife W, daughters D1 and D2, and his mother M.
M dies after X, and before the legal heir certificates could be applied (For X). Now who all gets a share in properties of X? D1, D2 and W alone or is one fourth taken by legal heirs of M?

This is bit confusing and thanks in advance for your advice :)

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698 Manish Chauhan March 3, 2014 at 9:38 am

It will be only D1, D2 and M . Those who are legal heirs at the time of division !

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699 kumar March 3, 2014 at 3:53 pm

mr shiva was married to geetha , had two male children ( girish & rajesh) from her, after death of geetha, he married seetha & has one child from seetha (kishore).

rajesh had bought an agricultural property in his name, he was never not married & who will get his property after his death ?

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700 Manish Chauhan March 12, 2014 at 9:50 pm

Only Rajesh real mother will get the share and his wife and children will get it

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701 kumarkumar March 3, 2014 at 3:57 pm

sorry for spelling mistake..

my direct question is after the death of rajesh in the absence of a will ( rajesh was never married), will the second wife of his father & her child get any claim?

if rajesh’s own brother & rajesh’s brother are the eligible people, how it will be distributed after the death of his father ?

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702 Jeearbi April 11, 2014 at 10:06 am

Dear kumar,
You may notice that Class I relative is not there for Rajesh, hence in this case, the property will go to his father mr shiva who is the 1st level relative under Class II
Rgds,
Jeearbi

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703 dharmaraj March 8, 2014 at 3:59 pm

Dear Manish,

My grandfather distributed his property through the will to my father and my brother and me. And in that will he clearly mentioned already he spend some amount to there daughters.In that will some of the property were missed.
My grandfather have three wife for the first wife there have two children one is my father and his daughter after my grandma died.
After he marry second wife and in the second wife there was no child.she also died after some years.
After second wife died he will marry third wife and in that two ladies.
My grandfather died some years back before he distribute his property through will.In that will he mentioned that from his property nothing go to my aunties.

In that will some of the property was missed out. We are maintain the property last ten years and we are pay land tax to the property.

Now we are going to sell the property after only we come to know that property was missed in the will.Now how we proceed further.

For the land my aunties also have the rights or else they don’t have the rights for the land.

Kindly advise me further steps.

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704 Manish Chauhan March 12, 2014 at 5:25 pm

If WILL does not mention anything about it, then yes, aunties will have the share in it . BEtter talk to a good lawyer on this matter as actual details has to be looked upon !

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705 Amit March 8, 2014 at 8:22 pm

Hi Manish,

In In case there is no will then what are the steps to divide property in case all heirs agree? So A, B,C are sons and W is Widow. there are two flats. First flat would be owned by A and B while second flat will be owned by C and W. All four agree. Then how to go about it? Like Obtain succession certificate first, do mutation next etc. Thanks a lot

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706 Manish Chauhan March 12, 2014 at 5:22 pm

If everyone is in agreement , then one can divide things the way they all want. But if not, then everyone has equal share in everything .

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707 Rajula March 9, 2014 at 6:39 pm

Dear sir ,

Could you advise on the below.

Person A has a property in trivandrum which she received by partition from her fathers side . Her husband is no more and she Doesn’t have children .person A has got 2 sisters( living) and her one brother and another sister already passed away .

Who will get this property after the death of A ? Will this be equally shared by two sister or will the children of the pre deceased sister and brother are eligible for share in the property ? Please advise .Thanks in advance.

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708 Manish Chauhan March 12, 2014 at 5:09 pm

Yes, children of pre-deceeased siblings will also get a share in her property , unless a WILL is written !

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709 Guruprasad March 11, 2014 at 10:41 am

Dear Sir,
Please give me suggestion for below.
1. I am having Mother, one elder & one younger brother.All of us are married iam having wife & 2 sons, elder brother having one daughter and younger not having children.
2. All our properties named in my mothers name, After my father death my father Govt job given to my elder brother.
3. we having properties as below
a.One house full constructed in (60X40) (Bangalore)
b.One factory shed (1963 Sq.ft) (Bangalore)
c.One Site (30X47) (Bangalore)
d.One house full constructed in (30X40) (Tumkur)
e.Two site (30X40) (Tumkur)TUDA Approval
f.Two site (30X40) (Tumkur) private land
g.One site (30X47) (Tumkur)TUDA Approval.
Sir i want to know that all proprties are divided by equaly( market value) or as per my mother decision. My mother decided to give as per her decision
For My Elder brother(Having Govt Job)
.One factory shed (1963 Sq.ft) (Bangalore)
.One Site (30X47) (Bangalore)
.One site (30X40) (Tumkur)
For My Younger brother(Having Job MNC)
.One house full constructed in (60X40) (Bangalore)
.One site (30X47) (Tumkur) TUDA Approval.

For Me (Having Job in Pvt College on consolidated salary 5000/- per month)
.One house full constructed in (30X40) (Tumkur)
.Two site (30X40) (Tumkur)TUDA Approval
. One site (30X40) (Tumkur)
Sir tell me right way to divide property .

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710 Manish Chauhan March 12, 2014 at 4:42 pm

If everything is on your mother name, then she can give it as per her wish !

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711 Ravi March 16, 2014 at 2:15 pm

my mother get a land from her father.I as a son the mother have a rights on that land.

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712 Manish Chauhan March 26, 2014 at 7:19 pm

NOt at this moment, if she writes a WILL , she can give it to anyone, but if she does not write a WILL, then after her death, you will be one of the legal heirs

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713 juhi March 19, 2014 at 8:35 am

sir my grandfather has expired. There is no will. The property is self-owned. It was not an ancesteral property. My grandmother is alive. 3 sons and 4 sisters are there.

Will the whole property be transferred to my grandmother
or there is some other rule regarding this?

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714 Manish Chauhan March 26, 2014 at 6:48 pm

The property will be divided among all 8 people equally

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715 Leena March 30, 2014 at 7:22 am

Dear Sir,
My situation is simple but Hybrid.
Based on the gram panchayat record the house was transferred to me by my grandfather in 1988 based on his WILL. His WILL was not registered and cannot be found anywhere.
Property tax comes in my name and Electricity is on my name. This property is under my name in the revenue department. There is no title deed or anything like that in the village.
My grand father built this house. There is no proof other than everyone knows his parents did not have money.

Based on this info, am I owner of this house?
Can my grad father’s children or grand children file a lawsuit against me for the share.
Thank you.

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716 Leena March 30, 2014 at 7:25 am

Sorry: in addition.
My grandfather died in 1981. Property was transferred in 1988. No one has made any complaints yet.
So I am trying to be proactive since this is a case of transfer of property with WILL but WILL is lost forever.

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717 Manish Chauhan April 10, 2014 at 3:54 pm

I dont think so .. its a very old case and property tax comes in your name for a long time, so not much to worry !

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