How Hindu Succession Law applies if written WILL is missing ?

POSTED BY manish ON April 26, 2012 COMMENTS (1,094)

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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1,094 replies on this article “How Hindu Succession Law applies if written WILL is missing ?”

  1. Jay P says:

    Hi sir,
    Please help guide me how can i proceed eith this situation:

    Property was transferred from Grandfather>Grandmother>Father>Died without a will.
    Father married first time 2 children Female & Male (both got married). Children bought up in their grandmother’s home / village. They have got their share form her grandmother’s property which the male was sold his share. They we’re never come together for any causes such as my father got sick, and died in 2014. They did not take care of hospital expense/ funeral or any other expense.

    After second marriage two children (both married & has 2 + 1 children). For any expense, I took charge and spent my money for every occasion for hospital / funeral father’s debts paid on my own everything.

    Now the first marriage children are line-up for property share, and claims that they want to go through court case against my mom two brothers for a little property share. Is there any chance that we second marriage sons can win this case if they file case ?

    Thanks in advance for suggestions.

    1. Hi Jay P

      Thanks for asking your question. However, I dont think I am eligible to answer your query as its either out of scope of my knowledge or its not related to money matter directly

      Manish

  2. PRADEEP JHA says:

    if A and B are own brother and C is the step brother of A and B.
    Suppose if B dies then who will be legal heir of B (in terms of brother only). Whether OWN BROTHER A and Step brother C both will be legal heir of B or ONLY own brother A will be legal heir of B, PLEASE SUGGEST AS PER HINDU SUCCESSION ACT 1956.

    1. If there are kids and spouse of B, then they will be the legal heir . Else no one

      1. PRADEEP JHA says:

        spouse and unmarried KIDS of B ALSO DIED THEN WHETHER HIS OWN BROTHER A WILL NOT BE CLASS 2 LEGAL HEIR OR STEP BROTHER C ALSO WILL BE INCLUDED IN THE LIST OF CLASS 2 LEGAL HEIR.

  3. Varun Gupta says:

    1. My father got missing in 1993.
    2. In 2004, (safely after 7 years of him getting missing) his property (house) was divided among me, my brother, my mother, and my grandmother, by declaring my father dead.
    3. My mom and brother in collaboration with my uncle has already built a new house for themselves. And mom is not selling the joint old house (of my father earlier), to not give me my share. We are not in good terms with each other, for reasons I can’t share.

    4. Can I get my share, I mean money, out of this house, by court, i.e. by making my mom sell it for sure?
    5. How much time it will take?
    6. Pls tell me in all clarity, so that I know what is possible and what not, and what really can be done.

    1. Varun

      This is not a easy case. Check with a lawyer for this.

      1. Varun Gupta says:

        Thanks for the reply, but pls give me some hints at least.

        1. Will my father’s missing and his declared death be taken at par with other ways of death? If so, I possibly can’t force my mom to sell the house, unless she agrees.

        2. Any other way, which you would like to suggest.

        1. The reason I did not give any hint is that to give the hints also you need to be clear of the laws. This is purely a lawyers case and I cant give any suggestion which has potential to be a wrong thing

  4. AdvKumarDutta says:

    Especially Example 4 is not at par the HSA 1956, as it does not follow the hierarchy level specified in this Act. As per this act ONLY father & brother can claim 50% each (considering sister was predeceased).

    If sister died after the man, then only her siblings can ask for the 1/3 of man’s wealth.

    And another thing — in either explanation, I have considered NO WILL — HOLOGRAPHIC OR REGISTERED — is there. If there is any will of any form, at least written in a plain paper by the man, then all properties will go to the person he had willed for.

    And all these examples have some sort of legal flaws.

  5. Jigna says:

    My grandfather is alive. He recently sold the land owned by him as well as one part of land which was owned by his father(died).
    He didn’t mention any of his daughter’s or son’s name (2 daughters and 2 son) in the land paper which was owned by him. Can his daughters get share from both the lands that he has sold? And if yes then how much (in percentage). Please guide.

    1. Jagoinvestor Admin says:

      Hi Jigna

      This is very specific query which you should follow up with the concerned authority only. We wont be able to comment on that

      Manish

  6. Rahul says:

    My father died in 2002 while he was working in medical hospital as a state gov employee. There is no WILL and we are 4 legal heirs – me, my mother and 2 married sisters.
    He has left our house behind him and his job was given to my 2nd elder sister on compensation benefit.
    Now I want to transfer the house ownership to my name so that I can avail a loan against property or home loan.
    What things I need to do? I am having Property Tax in my mother’s name and my name combined. All other documents like electricity bill and sale seed or registry is still in my father’s name.

  7. abhay says:

    my mother died without leaving any will. she has bank FDs either joined with one of the children or has nominees. should all the FDs be divided equally among all the children or the nominee /the joint name can take it accordingly in the absence of will?

    1. Everything will be divided among the legal heirs equally. Nominee does not matter

  8. My grand father has passed away .He has three daughters and one son. Every one is married . The legal heir of my grand father ‘s property contains all the name of his four children(3 daughters and one son).If his son(my father) wants to transfer the ownership of property from father (dead ) to his own (son)name ,in this case Does he need the signature of his 3 sisters (the daughters of my grand father) or not …..?
    plz sir kindly send me the answer of the above question according to present legal system of 2016…
    Thank you

    1. Hi Lopamudra singh

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  9. Monesh says:

    What happens, if the person who died and nominated his/her parents, who is not his/her legal heir. But, the one who deceased was the sole for his/her parents (no sons to take care of the parents.He/she only was taking care of them, even after their marriage). Is their any chance of favourism to that parents. Can You share with any cases as example if you can

    1. Hi Monesh

      I am not clear on what is your question. Please repeat it with more clarity

      Manish

  10. Amey says:

    Hi Manish,

    I need your Help Here –

    My Grandfather (C) had two brothers say A and B.

    B had one Unmarried Son say V who is recently died.
    My Grandfather has 4 Sons( 2 Married Sons Say D and E and 2 Unmarried ) and Two Marred Sisters.
    Currently A have 6 Sisters ( 2 Married Sisters 4 Unmarried ones ) and One Son who died.
    D has two Sons and Two married dauhter’s
    E has one son and one married daughter.

    Now my question is who can show the rights on V’s land(or property) ? how the property will get divide ?

    1. I think a good lawyer is required in this case, its quite a complicated case !

  11. Krishna says:

    Hello Manish,

    My father got ancestral property as per my grandfather’s will. However my father died without registering a will.

    When he died his mother was alive . As per class 1 heir – my grandmother, my mother and we 2 daughters were there and class 2 – his sister and brother

    My grandmother died recently. So the ancestral property belongs to him can be divided to my mother and both of us? Or still my deceased grandmother holds a share on it which will intern goes to his other children’s as well?

    If we need to divide it among 3 of us- my mom and 2 of us , is it require a legal permission from my grandmother’s heirs?

    Kindly clarify

    1. Hmm.. complicated case . I think you need a lawyer help on this. We are not competent enough to comment on this.

  12. Nilesh says:

    My friend’s aunty (father’s sister) died at the time she prepare will to my friend’s favour but actully house is originally her husband’s (self earned)after his death by virtue of will property transferred to her name & after her death can property transfer to my friends name by vartue of her will what is legal status both are died with out child

    1. A good lawyer should be consulted on this matter.

  13. prashant says:

    Sir, My father has died without a will . There are two children myself ( son) and my sister(daughter) along with my mother. My sister is living in Australia with a Muslim man and has had three children with him. Also she is contractible and refused to come and take care of my father when he was not well.How will the success to the house/property come into effect in this case. please clarify.

    1. Your SISTER still can claim her share , Just because she didnt take care of father is not a reason for not getting a share in eyes of law!

  14. rony says:

    Hi sir my father has died but he has transfered will to my name. My elder didn’t care my father nor he cares my mother as well can I sell this house.

    1. contact a good lawyer

  15. Kumar says:

    Sir,
    My father bought a land 9years back on my name before my marriage.After marriage me and wife live separated without divorce. As my mother wants to build a house on that land, I gifted that land to my mother and we build a house by taking home loan in which my mother is owner and I am the co applicant but emi is deducted from my account. Now my mother wants to write WILL to my unmarried sister name whole property.My questions is can my wife claim any share on that property in future?

    1. Its a complicated case.. while your wife can surely claim it, but it will be futile , but it will waste some time of yours . I think you should consult a lawyer for this.

  16. Sonika says:

    Hi Manish
    My brother died in an accident and his wife was pregnent that time . she did not stayed with us after that and her parents got her married again. The girl child born is also with her. Can she or her daughter claim my fathers property after his death.
    Thanks

    1. No they cant. She is already married now hence she cant

      1. AdvKumarDutta says:

        Just checking all these replies — kidding ones, without reflection of much legal expertise.

        Whatever, to reply on Sonika, YES, if the daughter is resulted before the remarriage of you in-law, then she is definitely the SOLO legal heir of your brother. And in such case, she can claim per capita i.e. if there are 5 siblings of your father, this daughter can claim 1/5 of the total property.

        1. Thanks for corrections. We share replies based on the question , and whenever its complicated we ask people to go for legal expert as its not our domain.

          Thanks for contributing!

          Manish

  17. Payal says:

    Is it necessary to obtain letters of administration in case of a death of a Hindu male dying intestate or the heirs can simply divide the property under a family arrangement /release deed duly stamped and registered

    1. If all family members are ok, they can divide it as per their internal understanding

  18. prakash says:

    can a man makes a will for his all properties to some one else when her wife still alive..

      1. AdvKumarDutta says:

        Same kidding reply. If this is self-acquired, then YES. Else, need to know the whole before commenting.

        1. Yea , I had assumed that its a self acquired property. Thanks for sharing more on this.

  19. bipuldas says:

    Sir
    My grandfather is missing for 15 years , there are 4 sons in total including my father .we have property of 5 bighas of land in which we all live ,and 6 bighas of agricultural land . My grand father have not written any will,i doubt one of the brothers wants to take all property in his name. What will be the procedure and law in this case so that everyone gets equal share

    1. Thats exactly what is discussed in the article. Did you read it fully?

  20. Psubrahmanyam says:

    Sir, my father was expired as a casual death, and him self not written any will, in my family widow wife, my self son, elder married sister and my grand mother staying along with my dad’s younger brother. MY father on his own salary has acquired two houses and also having loans on houses upto 45lakhs, now my grand mother asking divide the property and give my share. But she is not willing to go e her share on housing loan. Whether if she goes to court, she will get any share in property, last 10 years she is staying with my dad’s younger brother. Please give reply to my mail I’d.
    Subrahmanyam

    1. Hi Psubrahmanyam

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  21. aryan says:

    My uncle made a will and nominate me in mutual fund but both the will and nominee are different. No one in his family except nephew. Who has the right to claim and accept money of mutual fund

    1. Aryan

      Its going to be the person mentioned in the WILL who is the final owner

  22. Sumeet says:

    House made by father. Both parents deceased and father did not make will. Two brothers and two sisters are alive. Third sister is deceased and her husband and son are alive. How will the house be divided? What all legal formalities need to be done?

    1. The house will be divided 20% each into 2 brothers and 3 sisters.

      I suggest you meet a lawyer to understand the exact process

    2. AdvKumarDutta says:

      Do not waste your time for this type of website.

      If the third sister is predeceased, then the only 4 valid heirs are there. Check the hierarchy in HSA 1956.

      By the way, I have 10 years of legal expertise and practicing in the highest court of this country.

      1. Thanks for sharing that

  23. Sachin says:

    Hi Manish,
    My grandmother have land property in maharastra.
    Below is the family hierarchy of my grandmother:
    Father(Died)
    |
    —————————————
    | |
    Son(Died) Daughter(My Grandmother)
    | |
    Wife(Widowed) Son(My Father)
    |
    5 Daughters

    They claim for 7 dividend including 5 daughters, wife and my grandmother.
    but i think there must be only 2 dividend (son’s widowed wife and my Grandmother)
    Please guide on same.

    Thanks.

    1. DEpending on the case, I think its very complicated and a lawyer should be consulted on this

      Manish

    2. AdvKumarDutta says:

      If you are talking about property of father of your grandmother, then ALL THE PROPERTIES WILL GO ONLY TO HIS LIVING DAUGHTER, if she is alive — none else. Considered mother of your grandma is also dead. she is the only living class I heir.

  24. manjana says:

    Hi,
    My husband died one year back and leaving A1 to A5
    A1.Wife
    A2.son
    A3.daughter
    A4.mother in law
    A5.father in law

    My deseased husband worked in a software company,
    how the insurance and pf money will be shared?
    please give me the suggestion.

    Thanks

    1. 1/4th each into A1,A2,A3,A4

  25. Mukul says:

    Hi,
    My grand father died.
    Leaving his wife (my grand mom) and 3 son and 1 daughter (dead)
    1 son (middle) left home when he married and thrown contact and everything since last 20 yrs.
    Grand father and Grand mom they both dont like him and doesn’t wanted to give anything to him (middle) son.
    After grand father died, case 1- if will is mentioned to divide the property among all but grand mom wants to change the will, is that possible.
    Case 2- if will is not mentioned to divide the property then can grand mom make a will on her being the head of the family?
    The will or papers are being missing within the house, hence asking two cases. Also can the husband of the dead daughter claim for property from the grand mom now?

    1. 1. Whatever is written in WILL be final, no one can change it

      2. No , She can only make WILL for those thing which she has rights on .

  26. MAHESH says:

    My sister and I are 2 children and now co-owners on the Khata of a home that our father constructed (our parents are deceased). I have 2 kids and she has one.. when it comes time to sell the property, do the kids have a share in the proceeds from the sale? Is this considered ancestral property.. will the sale proceeds need to be divided by 2 or by 5..

    Thanks..

    1. It will be divided between two of you in equal share .

  27. gaganpreet says:

    my father is disown me.my mother make a will in which is tell after his death all property goes to his husband.now my father do not gave any share because he disown me. so pls tell what can i do for property

  28. Kartik says:

    Hi, my masi expired in sep 2008, she was unmarried, and stayed alone, after her death she did not left any will, now she has 2 sisters 1 brother, 2 sister dead but there husband and child are there, and 1 brother dead but her wife and child are there.

    what should be done, please let me know the procedure

    1. All the siblings will get the equal amount.

  29. mita says:

    Hi manish,

    One of my uncle’s (uncle B) passed away in 1997 , another uncles (uncle A) in 2007. Both were unmarried and without children. ie. No class 1 heirs.

    Uncle B has 50 acres in his name, Uncle A has 100 acres in his name. Uncle A and B jointly own 50 more acres.

    When uncle B died in 1997, 7 siblings including uncle A were alive. He did not leave a will.

    When uncle A died in 2007, only 3 of the siblings were still alive. he did not leave a will.

    All siblings other than uncle A and B have two living children each.

    How will the property be divided.

    Per my understanding 100 acres belonging to Uncle A will be divided only among the three siblings that were still alive. Neices and nephews of dead siblings will get not share.

    Similarly will the 50 acres belonging to Uncle B will be divided between 7 siblings that were alive in 1997.

    How will the property that was jointly owned by Uncle A and B be decided?

    The property of uncle A and B only came to light after the death of uncle A in 2007.

    Also, Uncle A left a nephew as nominee on some of his bank accounts. The nephew apparently withdrew all the money from these accounts. A. is the nominee the legal heirs 2. How can we find out what bank accounts the uncle had at time of death and the amount in these accounts if the nephew does not share this information?

    Thanks

    1. Hi mita

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  30. YogeshPatel says:

    Dear Sir,
    We had Planned to purchased a Property in Mumbai from Rekha Umesh Jani
    The Issues related to Property are as under.
    The Property was jointed owned by Navinchandra Rawal and his wife Jyotsnaben Rawal
    The said Navinchandra Rawal died without making a WILL, leaving behind his wife Jyotsnaben & 3 daughters
    In the year 2014 the said Jyotsnaben Rawal also died, however she has made a WILL. Will says that the Interest and Title of Property shall go only to 1 daughter ie Rekha Jani and her children and remaining 2 of her daughters shall have No Interest, right and title in the Property. The Will is registered but it has not been Probated.

    Intially the said Rekha Jani agreed that both her sister will be the Confirming parties to the Agreement and will appear before the Registration Authority and put their respective signature on the Agreement stating that they have No Objection to their sister selling the Property to us.

    Now that said Rekha Jani is telling that there is No need to call her sisters and that they would not come before the Registration Authority and that the Confirming party clause put in the Agreement be removed then only the deal will be done.
    But insisted that Confirming Party Caluse in the Agreement and her sisters attendance before the Registration Authority is a must for a deal

    Have we taken a Proper Stand.

    Kindly give suggestion

    1. Hi YogeshPatel

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  31. Raghav says:

    Hi,
    A Client of mine, A – Passed away in 2000 – leaving behind -5 people.
    A1. Daughter (married) from First marriage (First wife passed away)
    A2. Second Wife (married after death of first wife)
    A3. First Son of Second Wife
    A4. Second Son of Second Wife
    A5. Third Son of Second Wife.
    How should the property be divided Legally as all are alive and above 30 years of age ?

  32. chinnappa a says:

    Sir,

    Man marries after death of his first wife .she dead giving birth to kid . Then second wife also got 5 children . The property is not inherited given by the church and is there any shares in property for second wife’s children .there is no will.

    1. Hi chinnappa a

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  33. VISHNU says:

    MY brother has some ancestoral property he is married but doesnt have any children.HE died a few months ago . he has 4 sisters and 3 brothers including an unmarried brother. Does all the property belong to his wife?

    1. Yes, all property will belong to his wife !

  34. manjana says:

    Dear sir,
    My husband died one year back.I am widow of his and having son and daughter. My father in law is having 19 acres agriculutral land and it came from his grand father. My father in law registered 12acres to his 2 eldersons.
    My husband is younger son and he doesn’t have any land.Now I am asking to register 6 acres in my name or to my kids.
    he is rejected to register.what to do? please advice me.Thanks in advance.

    1. Hi manjana

      I think you should talk to a good lawyer on this. IF its a inherited property, then you should have a legal share in the property

      Manish

  35. GB says:

    Dear Manish: My grandfather died about 35 years ago. Before his death he gifted his property to his daughters and not sons. Now the last of this daughters has died with her own Will left on the property. In this case does the Hindu Succession Act apply? Or the Will apply?

    1. Hindu succession act . But I suggest you consult a lawyer

  36. Raghu says:

    I have three properties I got 2/3 share in fast tract court double bench high court how can register my grand fathers name

    1. This is related to property lawyer. Contact him

  37. bharat says:

    Dear Sir,
    ‘i have a query, my mother had a flat in her name and she expired without leaving any will, but she had filled the nomination form in the society making my younger brother as nominee of the flat, after her death society has transferred the share in my brothers name, now do i have right to the share in the flat, can my brother sell or rent the flat without my consent. also can society give him NOC to sell flat without my consent.
    please advise.

    1. I think you should involve a property lawyer in this issue .

  38. padma says:

    my name is padma(46yrs).Im a govt employee.I had divorced in 1999.I have no dependents(parents&children).I have a brother aged 40yrs& he has 2children.I have 2acre land which was given to me by my parents.plz tell me who is eligible for my land &retirement benefits i.e gratuity,EL etc if i will die suddenly.plz tell me procedure to get my death retirement benefits to my brother/his children.

    1. It will be your brother

  39. Sumant says:

    Dear Manish,

    I am over 60 and I wish to make a registered will.
    I have an ancestral property made by my father and the same has now been registered in my name at the district courts clearly. I have a brother with a son and 4 children of my late sister. I wish to make a justified provisions for them but can they contest my will (maybe on the basis of a will which was made by my father under duress but was neither registered or probated). My father died in 1993.
    Thank you for your help

    1. Hi Sumant

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  40. Prosenjit says:

    Suppose Ajay dies leaving a son and a daughter and the son dies a day after his father’s death leaving a son and daughter i.e. to say Ajay’s grand son and grand daughter. Now, that Ajay’s son has not predeceased Ajay, do the grandchildren of Ajay belong to class I heir and claim property right along with Ajay’s daughter?

    1. Grandchildren will be considered as the Class 1 legal heir

  41. charith33 says:

    Hi sir,

    Mine is different story, and need your suggestions..

    My grand father has 2 wives and 1st wife is my grandmother, she had my dad, my dad’s younger brother and one sister, my dad is the elder one. 2nd wife has one son.
    My both grand mothers expired in 1970’s and then my grand father has divided the property equally between his 3 sons(my aunty is married by that time). and the other grand mother son has been living separately from then.
    Now, I am the only son to my father and my father’s younger brother is not having any kids and we are living all together(but we are having 2 different ration cards) and the other grand mother son is having 3 sons.
    My father has expired in 2002, so all properties of my father are transfer to me and I have patter passbook as well. Now I want to know how my father’s younger brother will transfer the properties on his name to my name. I would like to know the simple ,effective, strong solution for this. The property value will be definitely high.
    so when I spoke to one lawyer, he told write a will and register it(registration charges also more), but, he only(lawyer) told some loop-holes will be there in will and the other guys will come and make critical..so I was thinking of different ideas/solutions..

    Could you please help me on this?

    I was also thinking to be adopted by them(my father’s younger brother), will it be possible?

    1. Hi charith33

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  42. I have a property in mumbai in the name of my grandmother but dont know how the property was transfered into her name and nw my grandfather and grandmothers both deid and have 1 son and 2 daughters and 1daughter both married 1 daughter passed away 3 years ago and 1 is still alive Now I want to transfer this property into ky dad name how it is possible what is the process for that how easy it will be to do it …..?

    1. I think its a complicated case and you should talk to a lawyer on this

  43. Ravi says:

    Hi Mr.Chauhan

    We live in Sydney. My mother passed away this year (68 yrs). My grandfather has a property of 1000sq. yards(hYD) and written a will strongly in favour of 4 daughters more and bit less to 4 sons. They took the will papers away and said no will papers and said would give only one flat to daughters and they take 3 flats each. 3 daughters didnt like and my grandfather clearly mentioned daughters will be given more and all (8) are in the possessions but due to sons’ domination they got more in the land, but they didnt construct. Please tell us whether we can drag to court of law. Its been 26 yrs. now my grand mother expired… the whole property on my grand mother’s name and one son and one daughter expired…. would wait for yr response. thanks ravi(

    1. Hi Ravi

      I think its too late now, Its better to talk to a good lawyer about this case. A legal expert would be able to comment on your case

  44. Bhagat Singh says:

    My Grand father had four sons and two daughters. My fataher was married, eldest one (Ram Sigh) and living jointly with all being alone bread earning/feeding member and expired on 4.4.1994. Seond was daughter(Reshma), married and expired long back before death of my grand father.My second uncle(Rawat) was unmarried and expired in 1972. My third uncle (Hemraj) was unmarried and got missing on 24 May 1993. Fifth was daughter(Bhulan), married and expired on 28 Dec 2009. My fourth uncle (Ran Singh) separated immediately after marrige during Feb 1972 and still alive.
    My fourth uncle (Ran Singh) got registered the mutation (virasti) for share of Hemraj (Missing since 24.5.1993) during Feb 1996 claiming as only alive heir which was later on (Jun 1996) rejected.
    Immediately after death of Bhulan on 28.12.2009, my fourth uncle (Ran Singh) tried to get the complete share(1/3) of my third uncle (Hemraj), got again registered afresh mutation stating only alive heir which was again rejected. Thereafter he (Ran Singh) filed a suit to civil court for declaring civil death of Hem Raj, declaring missing Hemraj since 1992, two years before death of Ram Singh and no any sister, brought two witness of village and got success in declring civil death of Hemraj get decree 1/3 share of Hemraj in his name on 13.7.2013. We came to know about the fact through village Patwari, got a copy of decree and chellanged the decree, filed a case under IPC 420, got stay on 26.9.2013 for not further aleniate the suit land. He(Ran Singh got mutation for suit land in his name showing name of his sister Bhulan exists.

    Please let me know whether the share of ancestral property of Hemraj, missing since 24.5.1993 is to bedistributed among children of Ram Singh (1/3 share), Bhulan (1/3 share) and Ransingh (1/3 share). or to alone Ran Singh being only alive brother (heir) on the date of declaring civil death of Hem Raj after approx 20 years from missing.

    1. Hi Bhagat Singh

      Its too technical and I suggest you get in tough with a lawyer

  45. Pramod says:

    My Great Grandfather (Died) has gifted a peice of Land to My Father when he was alive .
    And later my Grandfather succeed remaining land and distributed some agriculture land to two of my uncle but not to my father and he died without written will .
    Now he left some agriculture land undivided .
    I want to know .
    1. can my father can claim equal land share of my grandfather’s total land divided and undivided
    or my Great grandfather gifted land to my father is also taken into consideration for division among my father and 2 uncles .
    2. Or my father can claim only undivided land of my Grand father ?

    1. Hi Pramod

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  46. samarth says:

    Hi Manish,
    My grand father has 4 children now all are dead.2 son and 2 daughter.
    Also grand father died before them.

    Do daughter’s children can claim ?
    they are 7 in total

    2 sons children in total 5 and 2 widow.

    so in short is it 14 legal heir ? If no will.

    He has a will in which he says it will be divided among sons he has signed it but no witness signature.

    1. If will is written, then that is final !

  47. Vijaydoss says:

    My father has four son, first two died. How to divide the property. Also, my father and mother no more.

  48. peki says:

    my late grandmother and my father had a joint named house and later she nominated her daughter in law i.e my mom for the house. The question is that my late grandmother has 3 more sons can they claim for the 50% of the property named on my grandmother’s even after my mom being nominated as the owner of the house??

    1. Thanks for sharing that peki

    2. Hi peki

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  49. madhumeet says:

    If parents die without a will, will the son who is residing in the house have an edge over the sisters who aren’t

    1. No , just because someone is residing there does not mean much .

      Manish

  50. Dipankar says:

    My wife grand mother are 5 sister and she is elder sister her next sister (Purnima Ganguly) had married to a ex-govt. servant (Lt. Sovenlal Ganguly), they did not have any children or they are issue less couple. The husband and wife take their sister in law live almost for 40 years.The husband died in 1990 after his death, bother sister live with her elder sister (Purnima Ganguly) for another 22 years. Purnima Ganguly died in the year 2009 and she had written an application to the husband office that if she died than her to sister will allow to stay in her house for rest of their life. If they died and after their death the Visva-Bharati University will handed over land in their own custody. As per their wise I do the same thing and handed over the deed to Visva-Bharati in the year 2014. The two living hairs of Lt. Sovenlal Ganguly, sought against the act and told the University. But at the time of handover we did not take any articles from the above mentioned plot i.e. 122 Purba-Pally, Santiniketan. The University authorities found at least 8 lakhs of ornament left in the above mentioned house. The University authority make a inventory list of the articles found in the above mentioned. Now they have asked us to submit affidavit in this regard. I submitted the affidavit. But the husband hairs demanded the University authority to give entire ornament to them. As because they are true claimant of the propriety. In this circumstance I would request you provided me the appropriate advice in this regard

    1. Hi Dipankar

      Please ask generic question .

  51. Priya says:

    After the death of my father in law , his house was sold by my mother in law and husband. It was not an ancestral property. Then they bought a new home in joint names . Can my two sister in laws claim the property share ?

    1. Hi Priya

      Yes, they should hire a good lawyer on this matter and follow up !

  52. Roma says:

    my mother had taken divorce and started staying with her mother and do look after of her. Has my mother have any right in her father’s property if father made will in favour of his grandson.

    1. No , after divorce , there is no relation between the two !

  53. akshata says:

    Father died 26yrs back,and this yr mother also died leaving no will,there are 3children (1girlchild,2boys) the property consists of gold, cash, and a 3BHK flat (under redevelopment) also the younger son’s in laws are interfering and creating dispute amongst the legal heirs.can a daughter in laws father have any dominance here? Kindly advice

    1. No one has any dominanace

      Each kid gets 1/3rd . PERIOD !

  54. DDLJ says:

    Good Morning,

    My dad died without a will. I and my brother are alive, my sister expired few months back. Can the 3 daughters and one son of my sister claim share on my dad’s house. If yes, what would be proportion for each of us.

    1. Yes, they have a claim for sure . Your sister had 1/3rd share , so her children will get that part and it will divided between them equally !

  55. Shantinath says:

    I own 12 acres of land jointly with my mother. My mother and myself got this property after partition of our ancestor property. At the time of partition I was minor and that is why my father kept this property jointly. I have a brother and he also got his share in this partition. Now my father and mother both died. Now can I be the single owner of 12 acre land or my brother also gets share in my mothers share of 12 acres land.

    1. Your brother will also get his half share in mother share !

      1. Shantinath says:

        Only my name and my mother’s name is there in the property records. My brother’s name is their in some other property and not this property. When partition took place in 1974 my brother agreed for the partition means he has given up his share to myself and my mother and mother given up her share to the property which is now in my brother’s name. Once the property is divided it is no longer ancestor property. It is just like a joint property and survivor will become the owner. Kindly advise?

        1. If you look at it from legal angle, your brother can still file a claim . Was everything done on paper in past ?

          1. Shantinath says:

            It has been done almost 41 years back and my brother signed the partition in 1974. The copy of it is available in the tahashildar office and its number is mentioned in 7/12 of land records. This partition took place when I was a minor but he was a major. So if he claims share in mother’s share then I can also claim in his share because I have not signed any partition agreement.

            1. Yes, if you can prove things .. then you dont have anything to worry about ..

            2. Shantinath says:

              Thanks a lot. Now Tahishildar office has to accept my explanation. I have to give them under which law I am the only legal hair. If you can give me some property law numbers under partition and joint property rules then I shall be thankful. At the same time I want give freedom to my brother to go to court and prove. So I want to take undertaking that if my brother proves his legal heir ship then only I will give him the share and if he cannot go to court then he cannot claim anything. Please advise how can I convince tahashildar office.

            3. Hi Shantinath

              You should get in touch with a good lawyer regarding this .

  56. Sapna says:

    A businessman had long back divorsed and got married to another woman. He has a son and a daughter from the first marriage.
    The son has two daughters and daughter has two sons. Son is also looking after the business in capacity of directer. But the head of the business and family has not written a will.
    What would be the consequences.

    1. Nothing .. once the divorce happened, they are not related in anyway !

      1. Chaitanya says:

        Manish,
        Are you sure?
        Divorce is to the wife, not to children!!
        So I think children of first wife will have same rights as children of 2nd wife. Please double-check and confirm.

        1. As far as I know, when you take the divorce, the court will mention clearly who has children custody and the liabilities of each party towards children at that time itself. Anyways, its better to check with lawyer on this.

  57. Sapna says:

    If a businessman has divorced and got married again and has a son and a daughter and two grandchildren from each child , and does not write a will. What would happen after his demise?

    1. It would be better to discuss this with a qualified lawyer in this area !

  58. keshav says:

    What will happen to my savings account balance after my death if I am not married nor have any children. and if I did not nominate any person for my account.

    1. Goes to bank , if no one claims 🙂

  59. pallavipatro says:

    Thanks for the post . it’s really helpful, What if the second class is alive and no one in first class is alive , but the intestate was close to his agnate not the one in 2nd class and she particularly did not mention anything in the will about a particular property but before death always wished the agnate to take the property ?

    1. THings will happen as per LAW or WILL , not wish !

  60. Sanju says:

    Hello,

    My mother and father had a joined property written in both their names.My mother died without any will.Father is still alive and I also have a married sister. Could you please let me know how the property will be divided and among who all?
    Secondly, mother’s mother is still alive(my grandmother). Does she have any share in this? I generally heard that only on a male’s death the property can be divided among his mother,wife and children. Is this applicable in case of female’s death also? Kindly clarify. Thank you.

    1. Mother part will be divided between Children and husband

  61. srinivas says:

    Fathers paternal uncle(my father`s mother`s brother) has 3 daughters no male hiers, he married his 3rd daughter to my father and transferred all his acesteral property (lands, cattle etc) to my father by Registered GIFT deed in 1958.
    now the gifted land is transfered on my fathers name in the revenue records since 1964. My father uncle died in 1962. Later my fathers wife died of paralysis in 1981. My father married my mom in 1979. Now in 2015 the children of my fathers maternal uncle daughters are claiming the right to share in the
    ancetral property saying that my father and my mom are outsiders and not direct hiers. we have sold some part of the property (lands) and few we still ave in our posession.
    Does they really have grounds as per the Hindu Succession Act of 1956 or 2005?

    1. Hi srinivas

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  62. curiouscase says:

    my maternal grandfather had two daughters (my mother and her sister). after marrying both of them off some time in 1950s, the maternal grandpa and grandma were left alone. they had sizeable chunks of farming land and house in village. since in those times distance was an issue and married women didn’t had much freedom of her own in taking decisions, my mother and i believe her sister too were not there to take care of old parents. Her sister passed away after few years of getting married due to some illness. She had 2-3 kids.

    my mum used to visit (delhi to faizabad) once in a year or two to see her parents but that was it. the neighbors (patidaars) started helping the old couple and gradually started looking after the grandpas farms and house as well and even moved the old couple into their house. my mother tells me that it was somewhere during this time the grandpa passed away. after a couple of years even grandma followed – around 1980s (i was born in 1984). since then it has been many years now. my mum never went back to her village as there was no one left. and all this while she also never claimed her parents properties. It is 2015 now, I am settled outside of India, usually go back once in a year. Was wondering if there’s any chance of getting her property back? my mother is still not interested, she even detests mention of visiting her village. i feel its because she was hurt. before you start judging me, i know i may seem to be greedy but really its now about money, its about giving my mum her right back. what say?

  63. RAJA says:

    If my father has written a hand written will and it is lost and only a photocopy exists. It is me and my 2 sisters. In this will he gives one land to sister No1 and gives 1/2 the house to sister No2 ( the other part belongs to me ). Can this be challanged as by both me and sister No2 as Sister No1 had fought and forced my father to give her the property papers of the plot. ( It is still in my father’s name ). If so than on what grounds

  64. Tilak says:

    Hi, Really good website for every citizen of India.
    One of my friend ‘A’ and his mother have availed a home loan to purchase a plot (plot Jointly registered in A’s Fathers and Mothers name). A’s father was retired, mother was paying the EMI as she was working and A was taking care of the other expenses like rent and other house hold expenses for 5 years.
    Recently, she has met with an accident and is not able to go to office, hence not able to pay the EMI.
    Now, A is staying separately in a rented house with his family (wife and children) may be from last one year.
    A’s parents have constructed a new house in another plot and staying there.
    A is ready to pay the EMI.

    1. A’s father is saying to A that
    a) He will only pay the interest and postpone the payment of Principle amount (Is this possible?)
    b) He will not allow A to use the plot for constructing a new house for A’s Family (is this objection legally ok?).
    2. As A is staying separately ,
    a) will A’s parents be able to sell the property without A’s permission.
    b) Will A have the full right / claim on this property. (Now and after the death of parents)?
    c) Will A’s son (around 6yrs old) will get this property as anscestral gift even if they have willed it to some one else.
    Reply to this query is much appreciated.

    Regards,
    Chetan

    1. I will quickly answer

      1a) No
      1b) I am not sure

      2a) NO
      2b) Not now, but only after death of parents
      2c) No

      Manish

      1. Tilak says:

        Thank for the answers.
        Any suggestion to Mr A, on how to get permission to construct a house in the property and avoid paying rent.

        1. No idea Tilak. I think you need to involve a CA on this

  65. Srinivasan says:

    Excellent article. Thanks for the enlightenment. I got a query: My brother and I purchased a flat. My brother, unmarried, passed away in an accident few years back. My father got a legal heirship certificate for my brother with his name & my mother’s name mentioned. Now, both of my parents have passed away. My brother did not leave any will. Now, I being the joint owner of the flat, am entitled for 50% – however if I have to sell or settle this property to someone, what is the procedure. Should I get a legal heirship certificate or succession certificate or anything else? I am confused. Please help.

    1. IF you are the only legal heir left, first transfer the other half of the property in your name and then sell it . Check it with a lawyer

  66. harish says:

    Hey Kunal,

    Kind of long mail. Please bear with me.

    State: Andhra Pradesh
    Religion: Hindu

    A has ancestral property: X

    A has 3 daughters and 4 sons

    A passes away in early 90s, all daughters got married and are well settled

    The sons divided the property equally, registered the lands in thier names in post fathers death and are in possession of thier respective lands.

    One daughter now has lain claim to the property citing equal co parsonage rights and has stated that the ancestral property should have been equally divided that she should get her share now

    Question: SInce the property was divided before 2005, does the lady have claim on property.

    Secondly,
    One of the sons wanted to sell his property, but is not confused with the claim of his sister?
    If he has to share his property among his 2 children,

    What should be rightful share of the children?

    Should it be ? X ( Property) / 7 ( 7 original children) / 3 ( himself and two children)

    OR should it be X ( Property) / 4 ( 4 sons ) / 3 ( himself and two children)

    In case, the sisters do not want a claim on the land ( since they got dowry or whatever reasons), should the sons still get a release deed from the sisters to ensure that the children of the sisters do not file a claim on land ?

    I am aware that this is a long and complicated query and not sure if you would have time, ( I tried to make it as easy as possible)

    Any advise provided would be appreciated

    Anonymous

    1. Sisters have a legal valid claim in ancestral property. If it was not given , they should get it when they raise it later. But I think you should discuss this with a local lawyer .

  67. Harsha says:

    Can I make a WILL in favor of a social institution like a school or society or Prime Minister’s Relief Fund etc, for my self-earned wealth?

    1. Definately you can !

      1. Harsha says:

        Thank you!

  68. Sudhir says:

    Dear Sir,

    My mothers earned property which is in Mangalore, and my mother want to register this property in my name I am the only son and I have 4 sisters. As per hindu law is it possible .My mother is still alive and in good state of mind

    1. Yes she can do that . Hindu succession laws come into picture after death

  69. hay sir
    mera property ka case chal reha hai mere dada g ke naam 40 bigga jamin thi mere dada ke 4 ladke or 4 ladkiya thi mere papa or 3 bhaiyo ne kisi ko power of attorny de di or 4 ko 20000 rup se payment kr diya sir maine apni bhua g ke naam se case file kiya hua hai 5 saal ho gye case kiye hue sir muje aap ki ray chaiye muje or kya krna chaiye

    1. Hi Virendea

      You need to check this with a property lawyer

  70. bhupender kumar says:

    my grandfather (nana ji) has some property his name. he has died . My grandmother(nani ji) alive now. he has four son and two daughter . One of them son is not proper care his mother . so in this case what should do my grandmother. is she can any action about that property. please reply

    1. No I dont think anything can be done in this case !

  71. kamlesh says:

    If a married woman has acquired any assets by succession from her husband she can allocate such assets by her will or gift deed ?

  72. Reddy says:

    if A HAS 4 SONS AND 2 DAUGHERS AND B PASSED AWAY AND ONE DAUGHER PASSED AWAY. 1 SON PASSED AWAY NOW HOW WILL THE PROPERTY BE DIVIDED . PROVIDED DAUGHTER DOES NOT CLAIM. AND GOT MARRIED IN 1970S…
    CAN THE PROPERTY BE DIVIDED EQUALLY AND IF ONE BROTHER DOES NOT AGREE TO DIVIDE EQALLY WHAT MEASURES COULD BE TAKEN… REQUESTIN TO PLS ADVICE

    1. It will be divided between all the brothers and sisters equally. If some brother or sister is not alive , but their children are there. They will get one share

  73. diljit s says:

    Hi Manish,

    Pls help me out. We are having ansectors property, from my grand father, my father got this property. one son and one daughter are there from my father’s first marriage. after the death of my father’s first wife, he did 2nd marriage and then three sons are there from second marriage. In 1991 my father died due to heart deasease. Now we are four brothers, one sister and our mother. We want distribution of this family, kindly let me know what percentage wud be given to each and every member.

    1. Each one will get equal share

  74. rao says:

    If, one person having two sons living separately with their each child and have ancestral property. Suddenly, one son died due to accident, his wife can claim ancestral property? and whatever her husband earns upon his own savings and having flat etc. the widow can claim or a share to be given to in-laws. please clarify

    venkat

    1. Yes, wife can claim ancestral property

  75. prabakaran says:

    Sir,
    Fifteen days before only, I came to know that my father registered his property to his grandson (my eldest sister’s son) for an amount of rs.45lakhs. Day before yesterday he passed away. I’m the only son and three elder sisters are there. We all are married. Is there any rights to claim for share. The above property (house) was bought by my father from his mother with no objection from his brothers and sisters. My mother passed away one year back. Please guide me. With thanks

    1. Hi prabakaran

      I think if the registry is already done. Then its not your father property at the time of his death,. Hence you cant do much here !

      Manish

  76. sashi kumar says:

    My father died more than 3 years ago leaving a house and a plot.We are 3 children and our mother.We are Hindus,I am staying with my mother in the house which my father left behind;my sister and brother are not staying with us.I have been taking care of the house and the household expenses since a long time.Its time for partition now;I want to know how will be the wealth divided among us?

    1. Equally between everyone !

  77. pawan says:

    Hi Sir

    We are 4 children 3are married one unmarried , My parents dont want to give anything to me because I am converted Christian. My wife is Hindu we have no children how can I claim my rights? the property is my fathers not grandparents.

    1. Then you get get anything if he does not wish to . Only your father can decide for his property through WILL

  78. Jitendra says:

    Suppose a person A died intestate having no will. His wife died before him without any issue. He is left with Class II legal heirs like 6 brothers, 2 sisters alive (B & C) and one sister D died before him. Sister D is having 6 children.
    1. Will sister D’s children who died before A will get the share in A’s wealth?
    or the wealth will be equally divided between 6 brothers and 2 alive sisters?

    1. Each brother and sister will get equal share . Means 1/9 to each . As sister D is dead, his children will have claim to her 1/9 share. So 6 people will get equal share in that 1/9th share

      Manish

  79. sanjaypal2103 says:

    Please consider the following situation and advise what is the possibility:

    Grandfather bought Agriculture lands in the name of his wife and now he is no more. Now, Grand mothers wants to transfer all the properties to second son’s son but not to first son and his sons. Her age is more than 60. is there any way to prohibit it.

    1. Hi Sanjay

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  80. sumathi says:

    hello sir your articles gives us more information about succession laws. i would like to know woman has some land which she got from her parents particularly from her mother , she has 3 sons and 2 daughters. during and after her life who is the sole person of her property. will it equally goes to all the children or only the daughters. who is the first class and second class here among the children.

    1. All of the children will get it equally !

  81. mili says:

    This qs is on behalf of an old lady (O) who is 80 + yrs, regarding her share in self-earned property of her grandfather.
    this old lady (O) was married around 1940 s
    This is her history–
    Grand father GF (1st to die around 1958 ) Grand mother GM (2nd to die in 1959) had
    1 ) daughter i.e. my aunt “ A ‘ [3rd to die in 1960] never married. & 2) son “ F “ i.e. my late father died in 1997 ,,, My mother (MO) died in 1979 .
    We are 3 siblings , 2 brothers [ B1 , B2 ] and me [O]
    Each brother has 2 sons.. [ S1 , S2 , S3,S4 ]
    My late father ‘F” had made a will that property should go to his four grandsons ( only brother’s sons) [ S1 , S2 ,S3,S4 ]
    We had consulted a HUF lawyer – he said the will is valid as you were married before 1956 and on death of your grand parents and aunt , property goes to your father (F) even thou you and your siblings were born .
    And maximum share you (O) may get is 1/8 th . if will is not valid and treated as ancestral property
    Property is still in my grandfather’s name ..
    Plz comment.

    1. Chandan Kumar says:

      You have a tricky situation mili…it is better to consult a experienced layer…

      but as per my knowledge…you and your two siblings can get equal part (1/3 each) of the property of your father which he (your father) got for his parents/grandparents without any money value. one can make a will for his self-earned property only..
      but your problem is little bit tricky bcoz of time span.consult a good layer.

      1. mili says:

        I think , as My father and aunt were only heir at time of Grandfather’s death , they both get 1/2 share each … so my father has his 1/2 share inherited which he willed to grand sons, now as Aunt was single her 1/2 share (50 %) could have been divided in between my father , my two brothers , and me– so A aunt’s share 1/2 between 4 1/2 x 1/4 = 1/8th ?? am i right ??

    2. Hi mili

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  82. Manoj says:

    Dear Manish,
    Please let me know if A has self acquired house on his name. If A dies without any written will and behalf of him there is 1 child from first expired wife and second wife (alive) is living with her 4 childrens. Should everyone will get equal share?

    1. Yes., all will get equal share

      1. Manoj says:

        Thanks but one of my friend told me that the first expired wife’s child will get 50% share and remaining 50% share will goes to second wife and her 4 childrens! please let me know?

        1. No its not like that. Each wife and all children have equal share.. So each person would get equal share

          Manish

          1. Manoj says:

            Thanks but still I have some confusion! so please bare me..
            A married with B in 1964 and had 1 son (C). After three and half years B expired. Within two year A remarried With D in 1967 or may be 1968. D took all the care of three and half year old C. D had 4 children from A and there names are E, F, G, H. A died in 2005 without written will. A has self acquired house and 1 open plot on his name.
            Still everyone will get equal share?

            1. Yes, equal share

  83. M Durga Rao says:

    Dear Sir/Madam,

    This document is related to inheritance of my wife’s ancestral property.

    My wife’s paternal grandfather expired about 5 years ago leaving behind some property (a bungalow among others). Unfortunately, her father also passed away 4 years back. The paternal grandfather did not leave a will in his son’s name until he expired. The bungalow is nominated earlier in his wife’s (my wife’s paternal grandmother’s) name, but the family members have not still transferred the shares of the bungalow legally to wife’s grandmother’s name through the society where the bungalow is a part of. The process is now going on where my wife, being a paternal grand-daughter, is required to give a NOC for the transfer of the bungalow and the shares to her grandmother’s name.

    Now, my wife, her mother, and her brother are the heirs to her father. Their family members (a joint family) have decided to allot a part of the bungalow (once transferred completely in wife’s paternal grandmother’s name) in my wife’s mother’s name. The other part will go to her father’s younger brother’s name for which we’re not bothered.

    My wife’s brother and mother are of the opinion that my wife should voluntarily handover the NOC and put signatures in a deed or produce in court, even in the matter when the part of the bungalow will go to her mother’s name. It is also known from inquiry, that her mother and brother have intentions to completely transfer the amount the mother gets, to her son’s name without considering her daughter (my wife) in the picture. They say, if she puts signatures and produces NOC without any hesitation, then as a ‘token’ they shall consider to pay about Rs.50,000- Rs.1,00,000 to her. When argued, they said that it is the regular custom, and the brother wants to gobble everything to himself.

    We are of the opinion that my wife should get equal share of the property once her mother gets something from her mother-in-law (since my wife’s father is no more). My wife’s brother and mother consulted one lawyer who told us that even though her mother gave a ‘will’ so that everything she is bound to get will get transferred to her son’s name, still my wife can fight a court battle to get equal share. As far as my understanding goes, if the mother gives a ‘will’ to transfer her share completely to anybody (her son) as she wishes, it shall be taken as the ‘undisputed one’ and my wife shall not be entitled to ask for any share later.

    Now, we are in a grave situation since the relations have really become very sour, and the mother is very much inclined to favour the male gender (her son) and wants her daughter not to ask for anything from her once the property is transferred to her. For now, my wife has put up signatures on NOC and is in the court process, and she shall shortly be summoned to appear physically to say that she has no problems in transferring the bungalow to her grandmother’s name. We’ve now decided not to go to court once called, and fight for justice.

    It is a humble request, to kindly give your valuable suggestions and guidelines on the situation, and how the matter has to be handled. Also, I doubt the lawyer’s (consulted by my wife’s brother and mother) words that her mother won’t be able to transfer completely the amount to her son’s name through ‘will’ undisputedly.

    Thanks and Warm Regards,

    M.Durga Rao

    1. Hi M Durga Rao

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  84. Sathyaa says:

    Hello Sir,
    This is regarding for my grandfather’s property.he & his wife is passed away before 20 yrs.They have 1 son & 3 daughters.All got married before my grandpa’s death.My big aunt have 1 daughter who have 1 daughter(me) & 1 son(Both r major),Middle aunt have 2 daughters who r married & 1 son who is unmarried(Major) Small aunt have 2 sons who are unmarried(both r major),My dad married my big aunt’s only one daughter.there is no will & proper registration on the property.
    How & What will be the Sharing???
    Is my brother have any chance to claim whole property??
    With hope of better suggestion,
    Sathyaa

    1. Hi Sathyaa

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  85. P K Gupta says:

    My query is :
    whether children of a sister who recently died can get equal share in the property with reference to clause VII of Class II of the Schedule under section 8 .

    1. If there are no people in class 1 , then yes, they are one of the legal heirs !

  86. sudhamshu says:

    Hi Manish,
    Please accept my hearty congrats for your valuable answers and suggestions. I have a query regarding my family. I am hindu by birth and my son married a christian girl. My son is blessed with a son. My daughter in law always teaches christianity to my grand son who is 6 yrs. old. But I am a staunch believer of Hinduism. I got some properties from my father. I purchased a flat our of my self earned money. I don’t like to share my self acquired property i.e. flat or my properties got from my father to my grand son if he takes christianity. Please advise me what to do in this matter. Awaiting for your valuable advice.
    Regards,
    Sudhamshu

    1. I am wondering if one can write a will based on the person religious eligibility . THe best thing would be to just write your WILL and exclude him

      Manish

  87. Sunita Bhardwaj says:

    Hi Manish,

    Thanxx for providing valuable information on Hindu succession Act.I have a query.My elder sister married a person who’s mother is living on her father’s property,not at her in-low’s place.my sister’s Father- in-low gets a piece of land in a govt. Scheme and he passed away without making a will,Now the issue is imidiate after marriage dispute started between my brother -in-law and his elder brother who has married and HV two sons.Due to ever days quarrel my sister shifted to her fathers home.Her husband was jobless and my father look after their every need and after death of my parents my brothers are doing so.Meanwhile my sister n her husband tried to get their share of property but whenever they go their home her bro-in-low call police and throw them out of house saying that the house and property is solely his and they HV no right or share in the property. In between my sister’s husband died to brain tumour. His treatment including surgery bore by my brother’s,his family members even not bother to see him on his death bed.n I just want to knowif my sister and her two children HV any right in his grandmother’s property which she gets from her father.sorry a long query but after the death(25 March2015)we left her at hermom-in-low’s house forcibly for her husband’s last riuts.If we go there they threaten us to call the police.They forcibly trying to throw my sis n her children out of the house.my sis is a house wife and she has no source of income or house to live.nw my brother’s also dyning to take further responsibilities coz they have their own family to look after.please answer asap coz she is all alone with her two children doughter14 years n son 16 years.please help me with your view n if knowledge of any NGO which can help her please do share.

    1. Hi Sunita Bhardwaj

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  88. Pradeep says:

    Hi,

    I have some assets on my name and i have bought some assets on my wife’s name,if i want to make a will can i include both the assets of mine and my wife’s in the will or she has to prepare a separate will with the assets of her name.

    Please clarify

    1. Hi Pradeep

      You both can write a JOINT WILL ..

  89. Vinay says:

    First of all, very nice article.
    I have one query, please answer me.
    My father died without making will.
    We have a residential house. Now me, my brother & our mother living in it. We have 3 married sisters. Now we all decide mutually to transfer this house in the name of our mother.
    My question is that – after transferring house in the name of my mother, can my mother have a right to prepare a will of that house or not?

    1. Vinay

      yes, mother will have that right !

  90. rithvik says:

    If my grand father has a property and the will is missing and my grandfather has two sons (one is my father) and one sister and my father is dead and the sister got married and his husband is also dead and the bro of my father had not married and im 21 year old then how the property is divided is the sister get the part of property or not

    1. All 3 children have equal share. So sister also gets 1/3 share

  91. Banerjee says:

    HI Sir,
    Please help on the below queries that if person A died before 1956, without will, Then does his daughter also be eligible of her fathers property, or it will inherited to his Son after his death.
    Note Person A’s wife died before A.

    Thanks
    banerjee

    1. Daughter is eligible for the share .

  92. UMESH says:

    my father re married after my mother died.my father purchased some land in my step`s mother name taking money from me. both are alivetill date.is there a share of mine in this property.i have a step brother and two sistrs .all are married including me

    1. No you dont have any share, because its not in your name

  93. nagesh gite says:

    hi sir,

    my grandfathers(mothers father) property was distributed amongst my both uncle (mama- mothers brother) only. grandfather died last year. and now younger uncle died few days ago who was unmarried. no will is there. elder uncle now agree to give all property of younger uncle to my mother(only sister of them) my grandmother is still alive. and elder uncle is having three children. what paper should be signed by uncle so that uncle and their children will not create any further issue. my grandmother is also agree for the same. just need direction to get it in right way so that in future problem should not be created by them or any other.

    ———— nagesh

    1. Hi nagesh gite

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  94. Khaja says:

    Hi Manish,

    My brother had a two PLI polic’es and nomine are one was my mother and second is his wife. My brother is passed away. Now my mother and his wife is claiming that policies individually.

    My question is my brother wife needs to give no objection letter to my mother inorder to claim the policy(naminee mother).

    Is it really required or not? Please help me out.

    1. Hi Khaja

      Both mother and wife are legal heirs, so they will get it 50% each

  95. Deepak says:

    My father died without a will. There are 2 land in his name which was bought few years before his death. He had retired from work 10 years before his death and did not have any pension. The 2 plot that was bought was paid by me but bought in his name. So does these properties need to be shared among legal heirs.

    1. Deepak

      It does not matter who paid for that property. What matters is on whom name is the property . So yes, it will be shared among legal heirs

  96. Gayatri says:

    Hi,
    A partition deed was executed 7 years back between 4 heirs of my father (his mother, wife and 2 children), his mother and wife had given up their share to 2 children. Now his mother aged 93 has filed an injunction to get back 1/4 share stating the other heirs had forced her to give up the rights (which is a false accusation). Is this possible? This was executed and registered by the children and all the fees were paid by the children and to date the taxes were also paid in the name of the children, if this is revocable after so many years what is the guarantee for registration of any deeds.

    1. Hi Gayatri

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  97. SUNANDA SUR says:

    Sir, I have one question.
    My father died in June-2001. My mother died in January 2007. We are three brothers and one sister. I am the one married sister. My elder brother died in June 2007. He has one wife one son and one married daughter. My other two brothers are bachalor. One of them died in February 2015. He has a piece of land. He has no will. Now who will be the legal heir of the said property. Please help me.

    1. I am not clear which brother has the piece of land ?

  98. Ranjit says:

    Hy

    Please help me in this case If our family living in a Residential land for more than 45 years and my uncle living in other place for same time and suddenly claims that he want share in our land ,whether it is right to demand, he is ready to use his fore to take the land from us what shoulld we do please help

    1. If its a parental house then, he also has a legal share in that. Contact a lawyer on this issue !

  99. T.S.Mitra says:

    My Grandfather were 7 brothers & their legal heirs were claimants in our ancestral property.
    Since, in the said house after my grandfather & my father passed away we moved to a different city for a job.
    My question is whether there is any law which disallows living right to a legal heir, if he does not stay in the ancestral house for a long time? Please also quote any reference or clause from the law to substantiate my claim for living right in the said house.

    1. No I dont think anyone can disallow the right. The real case has to be discussed with a quality property lawyer only as state laws also matter !

      1. T.S.Mitra says:

        Thanks

  100. T.S.Mitra says:

    Sir,
    We have our ancestral house in kolkata. I am one of the legal heir out of 22 legal heirs. The property is inherited to me from my Grand father. My Grand Father were 7 brothers & thus the legal heirs were identified / established out of 7 of the Grand Father’s.
    My Grand father, Grand mother and my father lived in the said place and after the expiry of my Grand father and Grand mother my father moved to a different city for a job & thus the house was occupied by the legal heirs of other Grand Father’s family.
    My father has also expired, and now in the said house I was called upon by other legal heirs (cousin brothers) and in court of law we legal heirs of 7 Grand Father’s established us as owners / legal heirs in the house and with the signatures and consent of all legal heirs, we made an agreement with developer to develop the building.
    Now, the said property has 5 flats with total 22 legal heirs. The occupiers i.e. some of the legal heirs (my cousin brothers) who were earlier occupying the house before the demolition took place and new building has come up has pointed out that though they were staying in the house, therefore they have living right in the house and we don’t.
    May, please help us to know whether there is any law which does not allow living right to a legal heir, if he does not stay in the ancestral house for a long time? Please also quote any reference or clause from the law to substantiate my claim for living right in the said house.
    Rgds,
    T.S.Mitra

    1. Hi T.S.Mitra

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  101. Tarasankar Mitra says:

    Sir,
    We have our ancestral house in kolkata. I am one of the legal heir out of 22 legal heirs. The property is inherited to me from my Grand father.
    My Grand father, Grand mother and my father lived in the said place and after the expiry of my Grand father and Grand mother my father moved to a different city for a job.
    My father has also expired, and now in the said house I was called upon by other legal heirs (cousin brothers) and in court of law we established us as owners / legal heirs in the house and with the signatures and consent of all legal heirs, we made an agreement with developer to develop the building.
    Now, the said property has 5 flats with total 22 legal heirs. The occupiers i.e. some of the legal heirs (my cousin brothers) who were earlier occupying the house before the demolition took place and new building has come up has pointed out that though they were staying in the house, therefore they have living right in the house and we don’t.
    May, please help us to know whether there is any law which does not allow living right to a legal heir, if he does not stay in the ancestral house for a long time? Please also quote any reference or clause from the law to substantiate my claim for living right in the said house.
    Rgds,
    T.S.Mitra

    1. Hi Tarasankar Mitra

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  102. TEJAS says:

    Hello Sir,

    My Grandfather has fix asset, All asset has been name of My Grandfather and My Grandmother.both has 3 son and 2 sister. so, how should be divide his property among his children. Its essential to ask that parent has legal right to equal proportion of his wealth. is there any proportion of parent or not by law?

    1. I am not sure what you are asking . If your grandfather have made all the assets by their own, then they can give it to anyone as per their will . Only if its ancestral property , then only the division as per law comes into picture !

      Manish

      1. TEJAS says:

        Mere Dada ke pas asset hai, usko 3 son and 2 daughter hai, mere Dada ki jo property hai usme kitne perportion ho sakte hai. Mere dada ka bhi ek portion of property ka hota hai k nahi, only son and daughter ki hi ho sakti hai ?

        1. Each daughter and son will get 1 proportion , if WILL is not written , Else WILL will apply !

  103. DEEP says:

    Dear Sir,
    My uncle had a property. Now he had passed away and his wife too. He had neither any son nor any daughter, but has his one living brother and two living sisters.
    So, how will the property should divide amongst them? Or, only his living brother shall hold the property alone?
    [His brother is my dad, and the two living sisters are my aunts and they have sons and daughters too respectively.]
    Thank u.
    Regards,
    Deep Auddya.

    1. All the brother and sisters will get equal share . So its 1/3rd each !

      Manish

  104. Srikanth says:

    My friend father has a 2 wife and one son (Son with 1st wife).

    He (Father) died without a WILL. When he (Father) died both the wife are alive.

    All most all the properties are in 2nd Wife name.
    And some of the properties are in the name of 2nd wife and died man (Father).
    And little property in 1st wife name.

    Now my question is , Is it possible for the son to claim the property (2nd wife Name Property) after his father’s death.? if yes what is the rule..?

    Please help me with this,
    Thanks
    Srikanth

    1. Only the property which are on FATHER NAME can be claimed. ANd that will also be divided into 2 wives and 1 son in equal share !

  105. Shanthi says:

    It is a great blog Mr. Manish. pl answer my questions.

    1. What are your questions ?

  106. Shanthi says:

    I divorced my husband in Dec 2006 and he remarried a lady through temple marriage with community registration of the marriage in 2007 April and he died in July 2007. I have a daughter and my husband’s mother is also alive.

    Qn. 1 Is my ex-husband’s remarriage a valid one which lasted only for 3 months 24 days through a temple marriage with community regn?

    Qn. 2 After the death of my mother in law will the share of her come back to my daughter? (One Lawyer said so)

    Qn. 3 After the death of second wife will the share come back to my daughter?

    Qn. 4 what is the procedure for getting the property transferred to my daughter?

    1. I think once you have divorced him and you have choosen the kid custody without demanding any money or monthly help from husband, then the case is closed from your side, you are no longer the wife legally . Its someone else.

      Manish

  107. John says:

    Hello Sir,
    My father was expired without written will. My father bought a quarter with his own name , now it is exist by my mother’s name. I and my brother already signed the NO OBJECTION LETTER. But now my mother is claimed that I do not get any portion of this quarter and also threaten to go other place to stay, which I don’t have. My mother have a separate flat to stay in which I invest some money. Else my mother has asset to properly live a life. Now my question is, ” Is there any LAW to get that quarter in my name? If NOT- then I have to leave this Quarter? ” Please Help Me.

    1. the first point is in whose name is the flat now ? Is it mother or father ? if its in mother name, then she is the owner and can ask you to leave. I suggest talk to a property lawyer

  108. ravi says:

    query sir

    Thank you sir , your article is well informative,but i have a query
    suppose ‘A’ leaves a will where ancestral property is divided unequally among two brothers and a sister of hindu family.elder brother gets property worth 1 crore say. the younger brother and sister are given 50 cents plot(divided as 38 cents for brother and 12 cents for sister)worth hardly 5 lakhs.now sister being unmarried is given right to stay in the house for life.now can the will be contested in court.secondly what happens to the 50 cent property upon demise of the younger brother(married with a daughter) or unmarried sister.

    1. First the division should happen equally among all 3 people . If it has not happened the other person can contest it !

  109. kavitha sharma says:

    kudos to you for all the perseverance , My hubby and myself are co-owners of an apartment and a house and we both pay equally towards the EMI. The rest like a plot is in my name and jewelry is mine. Insurance policies we have nominated each other. The problem is my hubby is superstitious and does not wish to make a will.So will his mother or any body else get the share in the property I co-own with him. I will very soon make a will of mine and register and of course its all for my only child.Further I wish to mention in the will that if anything happens to the three of us ,everything of mine should go to my sister. Which lawyer should approach and what will the expense be, as I am not going to inform my hubby or else he will never allow me to do it. Please share your opinion. Thanks.

    1. Yes Kavitha

      If there is no WILL written by your husband, then all the things he owns will be shared by his legal heirs and his mother, you , children are all legal heirs . It will be shared with all equally .

      1. kavitha sharma says:

        Thanks Mr.Chauhan.

  110. sarang says:

    hi sir,
    mere mummy k papa ko 3 ladke n 1 ladki (my mummy) hai, dukan k batware ka case hai ,mere nani k naam pe dukan ki jamin thi,un k deth k baad nana ne wo apne naam pe kiye or will banaye ki dukan me 3 hisse honge, un ki deth 2009 me hui n will 2015 me mama ne hame dikhai ab tak hame iss k baare me kuch nai pataa tha ab mama hame share dene ko raaji nai hai n unhone fer-far k liye apply kiye the,now ab hame b dukan me se share chaihe ye case me kya kr sakte hai help me

    1. Hi Sarang

      You contact a good property lawyer in this case.

      Manish

      1. sarang says:

        thanks sir

  111. Jeevan Singh H says:

    In my case, the husband dies leaving behind his wife, one daughter and one son and mother and five sisters out of which the last sister is unmarried. the sisters and his mother claiming equal share in the deceased’s property along with his wife and his children. the property is self acquired property. my question is when his wife(widow) and his son and daughter are alive and they are come in class 1 heirs as per Hindu succession act.

    I m an advocate I’ve got a little confusion, when the deceased’s wife and children are alive can the deceased’s mother and deceased’s sister can claim the share in his property with that of his wife and children. i would be glad if you can clarify me with appropriate citations if any. thank you.

    1. Jeevan Singh H says:

      They were not living in joint family. the deceased when he was alive living seperately with his wife and children , and his mother and sisters were living seperately. Now after his death, his mother and sisters claiming equal share with his wife and children quoting they were living in joint family and it is joint family property. will they get share in the self acquired property of deceased. Reply please.

      1. No . Sisters cant claim any right . Only mother can and she will get equal share. Sisters wont – as per law !

        1. Jeevan Singh H says:

          Hi Manish. I thank u for your timely reply. but still I need some more clarification in my case, which stands now for arguments , that is- The widow mother is having ancestral property of house, and getting her deceased husband pension. Whereas, her son expired leaving behind his wife and two children and his self acquired properties. And now the deceased son’s mother and her daughters(deceased sisters) filed case against deceased wife and children who are my clients. As in your reply I got clear the sisters will not entitle any share, but now my doubt is whether, the mother having ancestral property and her husband pension, which not included in the case, yet I am raised objections for non joinder of other properties, will the mother succeed to claim the deceased self properties share along with his wife and children. please clarify so that it will be helpful for my arguments. thank you, awaiting your reply.

          1. Hi Jeevan Singh H

            The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

            Manish

  112. srinivasareddy says:

    thanks manish one more advise pl
    1. A sold out ancestral property to B in the year 1989 and A is still alive
    2. A has two sons both are minor during selling of land in 1989
    3. A elder son sighed in sale deed copy by unknowingly by his age
    4. A younger son become major after 5 years in the year of 1995 and now after 20 years he want suit for the property which his father sold out against B
    5. Law will allow him to suit?
    6. What about elder son which was signed in minor stage in sale deed by unknowingly ?he also have rights?
    thanks in advance

    1. I dont think its possible to do any suit now after so many years !

  113. Jimmit Kumr says:

    I have one small Pagri / monthly tenanted premises in one old and dilapidated building situated in C ward . Area is approx. 25 sq.mt. I was born and brought up in same premises . said premises in my occupation since my birth. I am now 60 years old.
    Now this premises rent receipt stand in my father’s name who was died in the year 1965 and left no will , my mother was also died , my elder brother his wife and one son was also died , my one sister , her one son , one daughter is staying at Chembur and my elder brother left behind 2 son ( unmarried ) , one daughter Married .

    Important : The building is stand on Collector Of Mumbai , lease property The landlord ( Property card is in the name of 2 person husband and wife ) is lessees ( prior that others were lessees ) since 1978 , was died without any legal heir prior 1997 , now after purchase of this leasehold property ( Leased by Collector ) the said both Lessee was died without any legal heir/s but one nephew of diseased and One second wife ( marriage was done after 1st wife was expired ) . Nephew and second wife is contesting suit in Bombay high Court for Probation of Diseased Landlord.

    Court has granted second wife to collect rent for admin & property taxes , electric bills , water bills & Cess etc .

    Since last some time she has appointed C.A for her to collect rent . And issued many notices to tenants stating that she is Landlord and since occupants premises stand in the name of Father and same is not transferred hence rent dues could not be collected from said legal heirs / occupants etc. hence asked us to obtain succession certificate , N.O.C of all others legal heirs , affidavit etc .

    Question : 1) Whether such unknown /stranger , lady can claim as Landlord ?
    2) Dose she have right to ask Probate or succession certificate to transfer said tenancy premises .
    3) She has not yet claim the rights title and interest to BMC but she has paid Property tax but since 2010 some Arrears are left with BMC.
    4) she has transfer many illegal premises since 2010 .
    5) she has also asked me to bring her succession certificate of my father who was died in the year 1965.

    What will be the remedy to save me and my family from this Bogus Landlord .
    I have already applied for record from the office of Collector to obtain latest owner of said building ( Lessee )

    Since last 17 years no one has claimed for landownership then tenant association can have chance to transfer said premises on their ” Tenant Association Name ” or ownership basis from Collector Of Mumbai ( Lessor ) subject to payment of dues pending with BMC over 10 Lakhs .

    Thanks

    Jimmit Kumar

    1. Hi Jimmit

      This is a complicated case and beyond the scope of our knowledge. Its better to consult a lawyer on this matter

  114. srinivasareddy says:

    Dear Manish

    1. Ancestral property heirs A and B two sons and C and D two daughters

    2. Partions done between A and B in 1972 orally without register documents and created revenue records as per share

    3. C and D got dowry

    4 .Now A feels less he want suit against B

    5.If A suits C and D also will suit against A to support B

    6. Is it allow law to suit for partions for property now which was done 35 years back orally?

    1. I think its not possible to do anything now . Its 35 yrs and so much has changed. And also things were done orally anyways, so thats not a proof at all . I think a qualified lawyer should be consulted on this matter if you want to purse the matter !

      1. srinivasareddy says:

        thanks manish one more advise pl

        1. A sold out ancestral property to B in the year 1989 and A is still alive

        2. A has two sons both are minor during selling of land in 1989

        3. A elder son sighed in sale deed copy by unknowingly by his age

        4. A younger son become major after 5 years in the year of 1995 and now after 20 years he want suit for the property which his father sold out against B

        5. Law will allow him to suit?

        6. What about elder son which was signed in minor stage in sale deed by unknowingly ?he also have rights?

        thanks in advance

  115. srinivasareddy says:

    Dear Manish,

    its ancestral property in the name of A his heirs B(Son) C (son) D (daughter) E (daughter) F widow (wife) , he was dived share to both sons in 1970 during same time A and E married A separated with his share equal share of son C and E got dowry and A expired any partions done only oral between sons B &C and they got revenue records as per partions almost equal property
    B left from family with his share and C was taking care his mother and unmarried sister later sister E married ,now c survied with his mother later married and mother stayed with C

    above all happen before 1980 later mother F expired in 2004
    during both sister marriage time given dowry by selling common land

    later 1989 B sold some land to C with register documents
    B having two sons both are minor during selling the land but one minor sighed the document due to unawareness both are attain the major after 5 years

    1. now after 20 years B second son threating to C by saying suit in court for his share which his father sold duirng his minor land in 1989 is it possible to suit ?

    2.during partions 1979 some difference in share between B and C now after 35 years B both sons threatening C to file the suit is it possible?

    3.Since the the portions done oral not registered ,if B both sons file the suit then partions should done equaly for B, C ,D, F who alive till now?

    4.D,F wants to fight against B for supporting to C

    what show we do for above , how to over come the issue?

    Thanks in advance

    1. Please ask close ended questions , as the whole story is too complicated to understand . Please ask generic questions without example !

  116. manish says:

    dear manish,
    please help me in my case.
    my father died without leaving any WILL. He left behind a house of ground floor only which he created by his own funds. After death of my father I invested my money in construction of First floor of that house which is in my possession for last 15 years. Total maintenance etc are done by me only for last 15 years.
    Now my mother, younger brother and married younger sister demands for partition
    My questions are:
    1. what is my legal share now.
    2. Will my construction i.e. first floor be divided equally among all.
    3. whether they can sell this property to outside party without my consent.

    1. The house is in your father name, If there is no distinction between ground floor and top floor , then the house house it one unit .. Even though you can show that you spent money on the top floor , how will you do it ?

      I cant give a comment like this, but Its better to meet a good lawyer on this matter.

      1. Cant say
      2. Cant say
      3. NO

  117. Priya Patil says:

    1. Father has expired inestate. No will
    2. Elder brother abroad. Not i touch with younger brother
    3. Younger brother in India.
    4. Father had investments in shares & had demat account. However, he had appointed no nominee.
    5. However, the bank account linked to this Demat account has the younger brother as joint holder.

    So who inherits the Demat account and shares?

    1. Demat account has no nominee , hence all the things belong to legal heirs . Now bank will ask you guys to bring the legal heir certificate which you will have to get from court, with help of a lawyer . Ideally both brother should get 50% , unless they are aware about it 🙂

  118. Shivaprasad says:

    Hello Sir, I have a query regarding my brother’s death in an accident who is unmarried. My brother has done one general insurance for his bike. Since he died in the same bike accident, he is entitled to get the death claim amount. For that the insurance company is asking Legal Heir Certificate. My question is since my brother is not married, so lawfully it should go his parents or any legal heir certificate is really required. Please let me know.

    1. It has to go to parents, but how do company know that they are the legal heirs ? What if tomm some lady comes and claims that she is his wife and shows the proof ? The bank cant just give money to some one if you show them ration card or just a proof of being parents , they need a legal document stating that said persons are the only legal heirs and have claim on the amount. I think you are clear on this now ?

      Manish

  119. RAHUL OTURKAR says:

    Sir,

    I have a scenario.

    A person expires with amount in a co-operative credit society.
    He made his minor granddaughter as nominee
    He did not mention any guardian’s name for granddaughter
    In such case what is the process to claim the money.

    Regards
    Rahul Oturkar

    1. A legal heir can claim the money in this case, but one has to prove that they are legal heir , unless there is a WILL written

  120. Rajeev says:

    I want some advice from you. Kindly help me.

    A property belongs to our grand father at sastham cottah was divided among four sons by our grand fatherin the form of WILL.My father &other three brothers got their share and were enjoying.There was one condition in the Will stating that no one can sell the property to outsiders without concent from others.ie,If one person wants to sell ,he has to get offer to others and obtain clearance from others and if they are not ready to buy ,then only property can be sold to outsiders.
    But in due course whem fund become crittical my father and his next brother started selling.They might have obtained clearance from others and I couldnot find records.Later father`s all three brothers died and given the property to their to their children and they started enjoying.At this time including my father sold many portions of the land and those purchased started living in their lands.
    Fathers next elder`s second son who has property adjucent to that of my fathers, sold a small land of about 2&1/2cents to a person which father doesnot like.So he stopped it by court case bringing special point on the Will which doesnot allow selling to any body without concent from others including him.So the party returnded the property and sold finaly sold to father.This case is not vacated even after may years.Father sold that property to another ALONG WITH part of
    his own property.Now fathers brothers son is requesting to withdraw the case to have smooth movement &relationship among family members.
    Please clarify following:
    1.The condition mentioned in the original Will (ie selling of alloted property by Grand father to his sons and any son selling to outsiders without clearance from other brothers) -is it applicable even after death of his sons?
    2.If it is applicable then how many lands have been sold by grandfather`s son`s sons for which no concent was not obtained .
    3.How court stopped the sale of land by my father`s brother`s son on the notice served by my father putting Will condition?
    4.In case if we withdraw the case now what are the repurcations?
    5.As father has purchases and then sold to another ,is there any problem and how to solve?

    Sorry for the trouble and kindly reply to me.
    Regards,
    With love
    rajeev

    1. Please ask open ended questions in 1-2 lines .

  121. rashmi says:

    sir my father died when I was not born and he did not made any will. my mother is a homemaker and elder brothers took care of myself and my mother,due to this reason they are not giving my share of property pls suggest is it true whether my elder brothers get all my share of property. pls reply

    1. There is no rule like that, you , your mother and your brothers, they all have equal share . Meet a lawyer to take this matter legally !

  122. somil saxena says:

    Hey manish…
    Ek question h…
    Mere father ki death 6 mahine pehle hui h..aur unhone apni koi will nai bnai thi…aur hum 4 bhai h..to main yeh janna chahta hun ki agar hum charo bhaiyon main se koi bhai agar humari parential property main se koi ek hissa sell karna chahtha ho to kya wo usko directly sale kar skta h…ya phir usme hum sab bhaiyon ki manjoori lagegi….plzz reply..

    1. Sab ki manjoori lagegi !

  123. swaptanu says:

    My Great Grandfather called X had property and died near 1972.
    He had two wife one XY and another name is XZ.
    The X & XY had one child called V (Boy).
    The X & XZ had one child called N (Boy).
    V married with J & N married with P.
    XZ died on 1957.
    The V & J have two children (Boys) one is L and another name is R.
    The N & P have four childern (2 boys & 2 girls). S,VS,C & M are siblings.
    V & N both are died in 1970 & 1972 respectively.
    XY died near 1989.
    Only L family living on that property from last 50 years.
    sibling L, R, S, VS, C & M are alive and P also alive.
    So want to know how much percentage of share will get on L account as per succession law.
    Which category the alive persons belong , Class I or Class II ?

  124. swaptanu says:

    My case are different here,
    Currently we are facing property disrupt for redevelopment property.
    Property on my Great Grandfather name who died near 1972
    He had two wife and that wife had two respective children (both are boys). One Great Grandmother died in 1958. One grandfather have two children (both are boys- My dad belong this category) and another grandfather have 4 children (2 boys and 2 girls). Both the grandfather died in near by 1970 & 1972.
    My Granny (My dad mother) died in 2007 and another granny still alive.
    From last 50 years, My dad is living in that property.Only my dad and another granny who still alive name mention in Mumbai Mahada nomination document.
    So I want to know as per sucession law how much share will come in my dad account?

  125. Naveen says:

    I have a interesting scenario within my relations. Here it is:

    My maternal great grandfather had 3 sons and all inherited their father’s property. Now younger of the sons died first and later his son died in unmarried condition leaving her mother. Recently that woman having died without any will. Among the other two sons elder one is still alive but second son having died 10 years back leaving her wife and a lone daughter.

    So my question is who will be the legal owner of the property ?

    1> As per my understanding the younger son of my maternal great grandfather do not have any heir in Class I.
    2> Class II heir is available as elder brother and next brother’s widow. Will they are entitled as equal heirs now or elder brother to take precedence ?

    1. Has the division already happened long back or its happening now ?

  126. Shivakumar says:

    Sir,
    My father passed away recently. He has his mother,father & a sister. All his F.D’s have nomination as my mother. I don’t have any siblings.Will they come in for the claim of the F.D? If so how much?

    1. His mother is one of the valid legal heirs along with you and your mother . 1/3 each !

  127. K.Seshadri says:

    Is it necessary to disclose the names of your half-sisters, who have become US citizens, and whose address is not know to you, in your application to obtain a succession certificate. The deceased has not made any will

    1. Your wish .. you can do it, but note that then you are not following the rules, its kind of fraud

  128. AspiringNRI says:

    Dear Sir,

    Please advise based on the following situation:

    1. Father (expired) & Mother joint owners of flat

    2. Father expired without making WILL

    3. Legal heirs: Two married sons – Son-A & Son-B

    4. Son-A living separately

    5. Son-B living with mother

    6. Both sons have given NOC to the housing society to transfer entire flat in
    mother’s name

    7. Society has changed the share certificate in mother’s name after receiving
    NOC from the 2 sons

    Please clarify the following based on the above situation:

    1. Has mother become the legal owner of the entire flat with the NOC received
    from the 2 sons and the NOC has been accepted by the housing society?

    2. Can Son-A raise legal objection if mother makes a WILL giving the entire flat
    to Son-B?

    3. Can mother sell the flat without the permission of Son-A?

    4. What needs to be done for Son-B to become the legal owner of the entire flat
    when mother is alive?

    5. What needs to be done for Son-B to become the legal owner of the entire flat
    after mother’s death?

    1. Please ask a one-two liner question

  129. MKJ says:

    A dies intestate 1990. He had B mother/ C wife/ D son/ E daughter. Soon after B also mother died in 95. One self acquired property is now 2014 up for division. What is the share of each surviving heir of A. ( namely C D E ) Please. Can B pass on her legal right on the property if applicable to any one by will??

    1. Each one has a 1/3 share !

  130. rohit d says:

    dear sir,

    thanks for your reply.

    querry against the solution given to mr suresh right after my querry

    why cant my mother get equal share in her fathers poperty ?

    1. Give me the direct link please

  131. suresh says:

    sir my father died2004 leaving behind 3brother, one sister, mother self aquire property in mumbai. how it will distributed. my sis born1955 marrid claiming on property. pl advise me

    1. Yes even married sister has an equal share in property if there is no WILL

  132. rohit d says:

    dear sir,
    i have a querry.. my mothers father died living property without a will
    my mothers brothers are saying that since my mother got married in 1964
    she is not eliegble for equal share in property
    they say that the three brothers will take 65 % of the share and 35 % of share to my mother is this true or correct

    1. You mother has a 25% share legally , why are they giving her 35% share ?

  133. abhishek says:

    What if husband is missing for more than 7 years but no fir is found and wife buys a land by her own earned funds…if she passes away leaving one son,is that son entitled to the possesion of the land? Is the mutation possible?

    1. Yes, son is eligible for the share in property of mother .

  134. Please clarify my doubt says:

    Dear Sir,

    I have read articles on internet which mentions that the benefit of buying flat in joint names of husband & wife is that after the death of one of the spouse, the other spouse automatically becomes the sole owner of the flat.

    I have also read in other online articles that after the death of the husband, the wife will become sole owner of the jointly owned flat only if the husband has made a WILL in which the husband has mentioned that after the death of the husband, wife will inherit the entire flat.

    Please clarify:

    Without a WILL, what is the share of the wife (having 2 children) in the joint ownership flat after husband’s death?

    Without a WILL, whether wife (having 2 children) becomes the sole owner of the joint ownership flat after husband’s death?

    After the death of the father without making any WILL, whether the 2 children (all above 21 years of age) have any inheritance in the flat jointly owned by late father & mother?

    Thanks in advance for your advice

    1. Please clarify my doubt says:

      Please clarify as per the Indian Succession Act, 1925 which is applicable to Christians

      I know as per the Indian Succession Act, 1925, if a Christian male dies without a WILL the widow will get 1/3rd of the property and 2/3rd will be inherited by children

      But I am not sure about the law when the flat is jointly owned by Christian husband and Christian wife.

      Whether the wife inherits the entire jointly owned flat even without a WILL or

      Wife gets only 50% of her share in the jointly owned flat plus 1/3rd of the share of the deceased husband and the balance 2/3rd of the share of the deceased husband is inherited by the 2 children.

      1. Yes, wife gets 1/3rd of 50% part of husband !

    2. Only if there is a WILL and it mentions that wife becomes sole owner , will she become sole owner

      Else the division will happen as per Succession Laws !

  135. Karan A says:

    Hello Sir,

    Please advice.
    My Grandfather died without a WILL. At that time, he left behind his wife and three sons i.e my father and two uncles. The property was transferred to my Grandmother by way of Katha transfer. My father and his two brothers had given a JOINT Affidavit NOC to transfer of property in my Grandmothers Name. Subsequently, My grandmother left a WILL after her death with the property being distributed as per her wish between her 3 sons, not equally. Now, after the death of my father and my uncles, my cousin i.e my father’s brothers sons, Unhappy with my Grandmothers WILL and land distribution CLAIM my Grandmother had NO right to write a WILL. Pls note the my uncles were happy with my grannys WILL and transferred Katha to their Names respectively. My Cousin has sent a notice as per Hindu Succession Act.

    1. Hi Karan

      NOw as the property was in grandmother name, its her property and she can write the WILL for it. as this is a complicated case, better consult a qualified lawyer on this

      Manish

      1. Karan A says:

        Thanks Manish for your advise.

  136. satya says:

    Hi Manish,
    Thanks for sharing such a wonderful topic. I assume, I understood well and answered some of the queries here. 🙂

    Regards
    Satya.

  137. billa says:

    Ajay is the head of the family and has more houses in Mumbai which he had bought from his own funds. some houses are registered under his wife’s name but not earned on her own funds.Now Ajay dies, ajay has
    Wife and
    2 sons

    due to problem with his first son ajays wife want to write a will that those property under her name has to go to his second son. is this will is acceptable, If no how to break a will

    1. Wife can write all her property to any one she wants . It does not matter if it was bought with her own funds or it . What matters is if the property is in her name or not .

  138. Monika Negi says:

    Hii Manish,

    I have lost my dad 4 months before, we are four sisters having no brother, so now our cousin brother ( son of my dad’s elder brother) is claiming our house as his own property. The property is in uttrakhand.
    The thing is that 40 years ago both brothers(my dad and his elder brother) divided their property into two halves, but not legally, there is no legal proof of that partition of property. after that my mom lives in that house for 2 years. Then after that my dad shifted to Delhi and give his house (after partition) to his elder brother to run a shop. 4 years before dad’s elder brother died of brain injury. So as my dad is retired personal he shifted back to his place (home) and decided to run that shop. So my dad gives money to my cousin brother for all the shop stuff belongs to his dad. Everything was good going but suddenly 4 months before my dad also died of slipping from stairs as he got severe blood clots in brain. So now my cousin brother is claiming that the house where my dad was living from past 3 years is belongs to his dad(indirecty his property). First he said its his dad’s property now as we both do not have any legal papersof ownership of that house he is claiming that house was of our grandfather. So he is asking for equal share of property.
    Now we don’t know what to do with this matter. He is threatening us for property. He called us recently for a meeting with gram panchayat as he wants our property.
    Plz help me and tell me some strong points which I can give at the time of panchayat.

    Regards
    Monika Negi

    1. Monika

      Sad thing is that if there is no legal proof , then how do even I believe you ? I mean to say that just because some thing is true in reality , cant be proved true just by saying it . In the court of law , what matters is proof on paper and as per laws . So if there is no legal division, then its as good as it never happened.

      Sadly I dont see a very strong case on your side, but I would suggest looking up this matter with a good lawyer . Only they can guide you properly on this.

      Manish

  139. disha says:

    Dear Manish,

    My mother is a 70 year old widow and my father passed away with out leaving a will. Apart from my mother we are three children, 2 boys and a girl.

    My father passed away in 1997 and left behind a self acquired property. ie., 60*40 two story house in a posh area in Bangalore. Later in the year 2009, we changed the house khatta to mother’s name as we built another floor on the existing house.

    Now as far as my understanding goes all four of us ie., mother and 3 children are equal share holders in the property. But now the problem is that 3 out of this 4 want to sell the property and share the money equally but the elder son is not agreeing to it since he’ll lose out a share of mother’s property and he is waiting for her die so that he can stake a claim in her share of the house. So, what can be done about this? Else, our mother feels that she wants to gift deed her share of the property ONLY TO HER DAUGHTER. So is that possible since it is not her self acquired property? Or should she make a Sale deed instead of a Gift deed? Or should she just make a “will” on how her share should be distributed?

    Kindly answer as I am really looking for an expert opinion.

    1. Better talk to a lawyer in this case , the 4th person cant stop mother to give her share to another person ..

    2. satya says:

      Hi Disha,
      your mother can provide a registered will on your name that says 1/4 of the house should go to you after her death. Thats enough. But the will can be changed in the lifetime. so based on that you can’t sell now itself. Inorder to sell it, you can do so for 3/4 of the property.

      i would suggest to divide the property(3 floors) among you people. assume 1(topmost) floor for elder son and 2 floors for 3 people(daughter,mother and son)… then sell your 3/4 parts.

  140. rahul says:

    Dear Manish

    Thanks for your efforts in writing such a clear article.
    I have read it for many hours including all the Q&A.
    However one thing is not clear to me and we seem to have different answers.
    I have looking on the net for 2 days and still cannot get consistent answer.

    My Case: A house is bought by my father and jointly held by him and my mother.

    Q1) If father dies – without a WILL – then does my mother become 100% owner OR does my fathers 50% share get divided as per the succession rule – equally between my mother and all his children ?

    Thank you

    1. Yes, it will be divided into you and mother as per succession rule . So your share in house will be 25% and mother’s will be 75%

      Manish

  141. Mahesh says:

    Dear Sir,
    I have ancestral property. But its in name of my grand father. My mother died when I was 12 year. I have one sister. My father married to another. My step mother has one boy and 1 girl. Now how land will be partitioned. And how much portion I will get.

    1. The property will be divided between all .. You will get around 20% land

  142. Ankush Jain says:

    hi Manish,
    I have 1 serious query. how can say second marriage is legal if second wife do not have any prof like marriage card, marriage certificate, marriage photos (it has done around 50 year old marriage).
    scenario is this: one person did two marriage and no one have child post some time person got expired. then how second wife can clam for property? actually first wife taken all property with inform second wife, now how second wife can get her right.
    second widow have PAN card, Rashan Card, Election card, Electric bill in all have mention person name.
    please suggest me what can be do in this case?

    1. NO proof , no Truth …

      If there is no proof that she was married to the dead person , she cant do anything !

  143. Sooraj says:

    Hi I have one serious query,

    In my family there are 7 members My mother , me and five siblings.My Mothers property has divided in to 7 shares, 6 for children and one share for herself. After the partition One of my brother is missing, and for last 15 years no idea at all, where he is and whether died or not. Now his wife has applied for widow pension and she is getting the same also because in my knowledge if a man is missing more than 12 Years , court will consider that he is dies. And she applied for court order for acquiring the property of my brother and court granted the permission on a printed court order for acquiring the same. But the actual problem now arises, last year my mother died . She is having one share ( 6 for children and One for her) and obviously that property should be divided in to 6 shares. I planned to purchase all the shares and i given money to all the rest brothers (including my missing bros wife). Now i started constructing my house and , when i approached bank for a loan, they are saying that there is some legal issues. Because one of the original share holder ( missing brother) is missing and this is illegal.
    I really dont know what to do with this property , please suggest me a solution …

    1. Did you talk to a lawyer on this . This kind of complicated cases has to be handled with a professional

  144. achatterjee says:

    Excellent article.
    I have one query. A house is in the wife’s name which was purchased by her husband with his own money. She has 4 children all married. Now after her death without any will ,can the husband claim the 100% right over the house which was purchased by his own money only.

    1. No , it does not matter whose money was used. What matters is who is owner of the property on papers

    2. Anand says:

      Why do people complicate the matters like buying a house in wife’s name, opening FDs in child’s/grandchild’s name, when the money involved is your own?
      This house should have been bought jointly.

      People think that they show their love towards spouse, child, brother, relative etc.
      But financially, these things make no sense.

      1. satya says:

        Hey Anand,
        Hold on!! Don’t criticize the person here!! In my point, he did well by purchasing on his wife’s name.. After his wife’s death, he and his children will get equal share…

        If it happens vice versa, assume husband died without will, then his mother also will be the share holder..

  145. vyaghra says:

    Hi,
    Please consider the following case:
    This the hierarchy of people in the family, We are considering paternal side

    1) GrandFather (let’s say X) and GrandMother (lets say Y)
    X’s Children as follows
    1.a) His Son (S1), his Wife(W1), his two Sons (S11 and S12)
    1.b) His Another Son(S2), S2’s Wife (W2), and their Children (S21 and S22)
    1.c) His Married Daughter (D1) with one kid(K1)
    X has two properties under his name one in which S1 is living and in other D1 is living, both S1 and D1 don’t own that property. Also X and Y have bank deposits.

    Scenario 1
    Due to unfortunate events X dies without leaving a WILL.
    Queries –
    1. Who are the legal Heirs (Class 1 and Class2) in this case?
    2. Can Y create a WILL and transfer her share to S1 and D1?
    3. If the share was transferred does it require S2’s consent?

    Scenario 2
    After X dies, due to misfortune S2(other Son) dies, he is survived by wife and two boys
    Queries –
    1. Who are the legal Heirs (Class 1 and Class2) in this case?
    2. under what circumstances can S1 claim the share of Y and X entirely?
    3. Is there any kind of legal protection for S2’s family, if other S2’s sibling forcibly try to divide the property?

    Scenario 3
    after X and S2, Y also dies, whether she had created the WILL or not, is still in question.

    Queries –
    1. Who are the legal Heirs (Class 1 and Class2) in this case?
    2. Has the WILL to be read out in front of S2’s family while creating?
    3. Can S1 and D1 force the Y to enter their name as sole inheritors to property and bank accounts?
    4. What problems can arise if S2’s wife has given S1 the POWER OF ATTORNEY for property division?

    Thanks for your patience, but I am sincerely awaiting your reply.

    1. Thats a long query . I think you will have to give me sometime.

    2. satya says:

      Scenario 1:
      Assuming only X dies. in that case,
      1. Class1: Wife, 2 Sons and 1 Daughter will be entitled to get the property. each will get 1/4th share of the property. Only these are the legal heirs.
      2. Y can create a WILL and transfer her share to S1 and D1 but only her part(1/4th)
      3. It doesn’t require the consent of S2. Because It’s Y share.

      Scenario 2:
      1. Legal heirs are Y, S1, D1, W2, S21 and S22. But W2, S21 and S22 are considered as one unit. So Y, S1, D1 each will get 1/4th property and 1/4th property has to be shared among W2, S21, S22.
      2. Since the will not written, the property comes under Succession Act So S1 can’t claim the property entirely. If he wants, he has to get NOC/registered Deed from Y, W2, S21, S22, D1.
      3. The division should be proper and in equal parts. If S2’s family objects the way partioning taking place, they(W2) can approach court.

      Scenario 3:
      Assume if there is no WILL from Y then
      1. S1, D1, W2, S21, S22 are legal heirs. But W2, S21, S22 are considered as a unit. So S1 and D1 each will get 1/3rd of property and other 1/3rd should be shared between W2, S21, S22.
      2. you mean, the will being created by Y. It doesn’t matter. Y can create the will only for her share. It doesn’t required to be read out in front of S2’s family.
      3. This is unethical. So, I can’t comment on this.
      4. S2’s wife can give power of attorney to S1 but the same should be obtained from S21 and S22 if they are not minors.

  146. pradeep Y Sarode says:

    Our family was consisting of Father, mother and three married brothers. We are having the agriculture land which is earned by my grandfather . My younger brother was not qualified and hence we both brother have supported him financially till marriage My father is retired and has no pension. My father mother was also dependent on us(particularly we 2 brothers).
    After marriage of my younger brother my mother encouraged his wife to complete the B.ed and she got service as teacher in reputed school since last 3 years.
    My father has built-up a house from his earned money(After retirement) but the property was taken on the name of My mother .Hence She had the non-movable bungalow property on her name.
    My Mother passed away in 2012 year without making WILL. Now the heirs are my father and we 3 brothers as we do not have sister.
    I like to know whether these are legal heirs?
    Unfortunately my younger brother also passed away last week. Now his widow having age of approximately 36 years. As the age is less we are planning encourage her for second marriage and take a lead if she gives consent for same.
    I like to know who will legal heirs if she marries with other person and who will be legal heirs is she opt not to marry.
    As Further my father wants to make will that the agricultural land shall be made in the name of we brothers only as we only supported him after retirement ? Is it legal?

    1. If she marries , then she will not be a legal heir after that, But before that if the property has to be divided, then she is valid legal heir

  147. Raghav says:

    I am resident of Jalandhar. My age is 67 years. My father died in 1999 and he left no will. I have one sister elder to me and she is married since 1980 and living with her husband

    Now i want to sell the house in which we are living since last 30 years. The house is still on name of my father. When i told my sister to sign on papers as i want to sell this house, she became greedy and started asking for her share.

    Throughout my life I have kept my parents and spent lot of money on their health and livelihood. She did nothing. Even i have spent lot of money on renovation of this house.

    Do i need to give any share to my sister. Should I fight a case. Please guide me

    1. Legally you dont stand any chance to not give any share to your sister. legally she is 50% owner and if you file a CASE, it will go against you only .

  148. sukh g says:

    please inform about the following;

    a residential house in a co -oper- hsg scy is owned jointly by mother ,daughter and daughter’s son equal share for 30 years – mother is the 1st name. on the sale of this property sale proceed can be shared between the three joint holders equally. what about tax angle in terms of the long term capital gain? can all three buy bonds upto 50 lakh each in their respective names separately? or can they buy house in each’s name separately?

    1. The person who SELLS the property has to deal with it, so yes, all the 3 people can buy the bonds

  149. s kumar says:

    thanks for great efforts and help, two properties came to jointly to no.1 to father and mother from their mother & mother in law and no. 2 property to the grand son and DAUGHTER in law by registered will, having three sons and four daughters, during life time no. 1 property has been partitioned between father and mother and no. 2 property has been divided by registered family partition among father , mother, and sons, not among daughters, mother sold some part of property no. 1 to one daughter witnessed by father for consideration of amount, some part of property sold to some other person, for business purpose part of balance property purchased by father from mother through sale deed , and taken a loan from bank , and died intestate , after some year mother died intestate, bank issued possession notice for recovery of loan, daughter denied to repay any loan amount sons went to court and paid entire amount 2-3 installments, court issued order to bank to release original document to sons as entitled , now sons want make own resident and shop for lively hood
    can daughter claim share if sons using own purpose as paid loan amount to bank and other loan.

    1. If the house is on fathers name, then daugther can claim it

  150. s kumar says:

    thanks for great efforts and help, two properties came to jointly to no.1 to father and mother from their mother & mother in law and no. 2 property to the grand son and sister in law by registered will, having three sons and four daughters, during life time no. 1 property has been partitioned between father and mother and no. 2 property has been divided by registered family partition among father , mother, and sons, not among daughters, mother sold some part of property no. 1 to one daughter witnessed by father for consideration of amount, some part of property sold to some other person, for business purpose part of balance property purchased by father from mother through sale deed , and taken a loan from bank , and died intestate , after some year mother died intestate, bank issued possession notice for recovery of loan, daughter denied to repay any loan amount sons went to court and paid entire amount 2-3 installments, court issued order to bank to release original document to sons as entitled , now sons want make own resident and shop for lively hood
    can daughter claim share if sons using own purpose as paid loan amount to bank and other loan.

  151. Vikram says:

    Hello Manishji

    I am the only son from my father’s first marriage and following the death of my mother my father married again.

    My father has four sons and six daughter from my step mother. My step mother has been really mean to me . All six daughter are married before 1994 . I’m from Karnataka. In court ,they all are claiming their rights.

    In law, does the son of first wife (Myself) get any extra benifits in ancestor property..?

    Please help!!

    1. No , all the sons and daughters are valid legal heirs !

  152. nikit says:

    Hello sir,
    Great article. I came to know abt class distribution. And legal heirs.. ..

  153. Manish Sankhe says:

    Dear Manishji
    Thank you very much for a very comprehensive article.

    I am Secretary of Co-operative Housing Society constructed on land allotted by Collector, Mumbai Suburban District in 1993. It is mandatory to obtain Collector ‘s permission for transfer of flat in favour of new member. One of our member died intestate laving behind family members as follows:
    1) Wife: Retired state govt employee
    2) Married Son having a job in Pvt. Company
    3) Married daughter residing with her husband in New Zealand
    4) Unmarried son having a job in Pvt. Company

    Nomination for the said flat was done in favour of unmarried son.

    As per Maharashtra Government Resolution of year 2007, the housing property shall be be purchased on joint names of husband & wife. Since the allotment of house was earlier to 2007, the house was on name of husband alone.

    Collector has approved wife’s name as a new member subject to compliance of provisions of Hindu Succession Act & other laws. Can the society transfer the flat without consent of other legal heirs.

    Manish Sankhe

    1. Its a complicated case and CA or lawyer should be consulted

  154. Hi Manish,
    My father in law purchase a land but there is no will, in my family there are my father in law, mother in law, my younger brother in law & his wife & my husband. I know that after his death this land will divided in equally 3 parts – between his wife (mother in law) & his two sons. But I want to know that can my mother in law gives her portion of land to her younger son, because she prefer & loves to younger son, no elder son. But where my husband wants to take the land equally between he & his brother in future after death his mother (my mother in law). Please give advise what to do in this future problem, so that my husband & his brother not to fight for land in future,

    Thanks
    Rupa Banerjee

    1. Hi Manish,
      My father in law purchase a land but there is no will, in my family there are my father in law, mother in law, my younger brother in law & his wife & my husband. I know that after his death this land will divided in equally 3 parts – between his wife (mother in law) & his two sons. But I want to know that can my mother in law gives her portion of land to her younger son, because she prefer & loves to younger son, no elder son. But where my husband wants to take the land equally between he & his brother in future after death his mother (my mother in law). Please give advise what to do in this future problem, so that my husband & his brother not to fight for land in future,

      Thanks
      Rupa Banerjee

      1. Rupa

        There is nothing you guys can do about it. If mother in law wants to give her share to someone , then she can surely give it to anyone ..

  155. arun srivastav says:

    My father has purchased a land in the name of my mother and constructed a house on it. my father died in 2012. i am two brother and one sister. now my mother denied to give me any share in the house saying that it is her house because property is in her name. presently i am residing in one part of the house. How Can I claim my share in this property? please advise.

  156. Nirakar says:

    Thanks a lot sir for your quick response. I have already consulted with lawyer and she is telling to collect the family tree from the builder but builder is saying its hard to collect because it’s 25 years old . So in that case is there anything need to check . Or do I need to contact to current owner or after getting possession do I apply for Khata in my name . Your suggestion please

    1. Hi Nirakar

      I think you should go as per lawyer suggestion .

  157. Nirakar says:

    Hello sir, first of all I would like to thank you for your quick response . I have gone through couple of posts but I have some scenario mentioned below , please help me. I am going to book a flat which is a joint development between land owner and builder. I did some verification regarding that land found that there was a transaction in 1989 by a widow w/o legal hair . And after that 3 to 4 transaction happened and the apartment is almost ready to occupy . The builder is a genuine guy and he is providing OC , CC and even Khata to individual flats. Before to my booking 6 no of people have got loan from Sbi as we’ll . So will that be an issue for those legal hare of widow, thought 25 years completed . And yes the age of that lady was 55 year at that time. Please help me and sorry if there is any mistake in my posting. Please help me.

    1. I think a lot of time has passed by .. There should not be much issue , however as a measure you can hire a good lawyer who can do the research for you

      Manish

  158. Bajirao says:

    Dear Mr Manish,

    I have a query, my mother has a flat in her name, and she expired without without making any will, but she had filled the nomination form in the society putting, my brothers name in the nomination form and consequently the flat was transferred in his name by the society.

    now do i have right to ask my share in the above mentioned flat legally, can society allow him to sell flat without intimating me, is my NOC required. or can my brother sell tj=he flat without informing me.

    Regards

    B R.

    1. I am not 100% clear on this , but if WILL is not there, I think you have a 50% share in that !

  159. Sanjay says:

    Dear Mr. Manish,
    I belong to Bulandshahr district, Uttar Pradesh. My father died in 1987 without making WILL. Our mother took very good care of her 6 childrens (four brothers and two sisters) since their marriage.

    Now, one of her son is selling property (agricultural land and share in home) and doing nothing for since 15 years, and not even taking care of his son/wife since 3 years.

    3 out of 4 brothers are married, both of sisters are also married.

    Is there a way that we can stop him to sell his property.

    Also, considering the current laws, what share he should get in property?

    1. You mother and all 6 children have equal share (1/7th each) , considering there was no WILL made and land was in father name.

      So now if that brother of yours is selling the property , I am not sure how is he selling it . I mean its not his property , so how will he sell it ?

      Manish

  160. Roshan says:

    Sir,

    My father passed away last year without making WILL. now i have my mother and 2 married sisters. he has bought a house own his earned money. wanted to know is there any provision, i can transfer this property to my mother’s name. sisters are keen on their share.

    1. No you cant .. all 4 people (you , mother and sisters) have 25% share each legally !

  161. rrasika says:

    gmy father had second wife ….when we lost our mother….I have two brothers….but we lost our father too.in an road accident seven years before…..the second wife was living in our fathers home and taking pension from her first husband who was dead and she had one daughter from her first husband……there was no any will written by my father……now my question is what we can do to get our property…..what is the law….for this situation….please

    1. The house is legally of both the wives and children

  162. Vikash says:

    Dear Manish,

    I wanted to understand that Say Lady M died leaving his husband and only one child who is married. Lady M has left behind a property acquired by her in her life time and as there is no will, the property will pass to her son or husband. Secondly, if the property goes to his son, then can son show the property in son’s HUF so that he (son) can let out the same and record the income in HUF Books.
    Please advise
    (Vikash)

    1. Vikash

      This is very simple . The property will be divided equally to HUSBAND AND SON .. Son can then gift his share to HUF .

      Manish

  163. Nalin K. says:

    Dear Sir,

    please guide me how to go ahead for my sister have pre marriage property was bought with my father & sister’s money in Mumbai,

    !0My sister expired in Dec’13, her husband expired in 2011
    She do not have her own child
    she have step children
    who are keen on her property
    Is step children have legal heir in her property?

    1. NO , I dont think the step children will have any claim in this case. I guess you are the only legal heir here

      Manish

  164. Kishor says:

    Hi Manish,
    My father passed away last week and I am not sure if he had made a WILL. He was staying with us( me , my wife and my son)My o.mother passed away 6 months ago.I have 1 sister who is settled in Australia with her family.My father has nominated my wife as a nominee for the flat that we stay he in.(100% share).Please advise what is correct way in getting the flat transferred in my wife’s name.

    1. This is not a simple thing which can be discussed over blog . Better hire a good lawyer for this, Its a matter of Lakhs and Crores.

  165. ISHWAR DUTT KASHYAP says:

    My father was died and has not left any will. My mother and brother were also died. I have two married sisters. My brother has two daughters. And also I have two children. So What will be the share of my father’s property.

    1. You , your Brother and your married sisters will have 25% equal share . So your get 25% , your married sisters get 25% each and your brother two daugthers get 12.5% each !

  166. Kotaiah T says:

    Thanks Manish…

  167. Kotaiah T says:

    Sorry for the confusion…

    Mr. Grand Father had agricultural land on his name and died without will in 1955. His wife also died in 1975. He had 5 kids [2 Sons and 3 Daughters].

    Elder son and Elder Daughter are died without any children. Other 2 Daughters {C and D} are died leaving their children. 2nd daughter has 4 children. 3rd Daughter has 2 children.

    Younger Son married his niece, who is daughter of his 2nd sister. They adopted [Son of 2nd daughter] with out registration as they don’t have children. They have written a normal stamp paper, without registration, saying all the assets will go to him as they have adopted.

    Here, Youner son had registered a part of their ancestral land to ‘son of 3rd daughter’ at the time his marriage in 1977 as his part. Younger son Left the remaining land without registration but paying the taxes till 2010 by himself and his adopted son.

    In 2009, Younger Son is died due to health issues. In 2011, Younger son wife registered the ancestral land to their adopted son.

    Now ‘Son of 3rd daughter’ filed a case against ‘the adopted son’ and ‘children of 2nd daughter’ saying that land should be shared among all as it is property Grand father.

    1. Could you please help me about situation and the distributions to among Class I ?
    2. If ‘the adopted son’ need to file a case what all evidences needs to be placed?

    ‘Adopted son’ means there are no registration on that except a stamp paper saying that all Younger son’s property will come to adopted son and their children.

    Thanks in advance.

    1. 1. All the class one heir (all children) must get equal share, now if they have children , then their share will get further divided equally into them

      2. First the “adopted son” needs to prove that he is adopted and legal child .

  168. Kotaiah T says:

    Here Mr. B and Mrs.C1 are Husband and wife.

  169. Kotaiah T says:

    Hi Manish,

    It is a nice article to know the Class I and II heirs. I got a situation, please advise on that.

    Mr. A had agricultural land on his name and died without will in 1955. His wife also died in 1975. He had 5 kids [2 Sons and 3 Daughters].

    2 [1 son and 1 Daughter] are died without any children. Other 2 Daughters {C and D} are died leaving their children. Mrs. C has 4 children, they are C1,C2,C3 and C4. Mrs. D has 2 children [D1 and D2, Here D2 is died by leaving her 2 children D21 and D22].

    Last Son Mr. B and Mrs. C1 [[C1 is daughter of C]] adopted C3 [C3 is Son of C] with out registration as they don’t have children. They have written a normal stamp paper, without registration, saying all the assets will go to Mr.C3 as they have adopted.

    Here, B had registered some of their ancestral land to D1 at the time his marriage as his part in 1977. Left the remaining land without registration but paying the taxes till 2010 by Mr.Band C3.

    In 2009, Mr.B is died due to health issues. In 2011, C1 registered the ancestral land to C3.

    Now D1 is filed a case against C1, C2, C3 and C4 saying that land should be shared among all as it is property of Mr.A.

    1. Could you please help me about situation and the distributions to among Class I ?
    2. If C3 need to file a case what all evidences needs to be placed?

    Thanks in advance.

    1. This query is too complicated, please rephrase the question with general question, not with labeling A,B,c ..

  170. R P AGGARWAL says:

    Kindly reply my query which is as under:
    ‘A ‘wills his house to his daughter in law (son’s wife) ‘B’. After death of A, as per his will, house is transfered to B. B wills 100% of this house to her only son , ignoring her daughters. As the property was not self acquired by B, is it legal for her to will it further and while making will , can she ignore her daughters.
    Regards

    1. Yes she can .. The house was passed to her as per the earlier WILL ,so not its her property, no matter if she resides there or not . She is free to give this house to anyone !

  171. Leena says:

    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.

    1. Leena says:

      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.

    2. 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 !

  172. juhi says:

    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?

    1. The property will be divided among all 8 people equally

  173. Ravi says:

    my mother get a land from her father.I as a son the mother have a rights on that land.

    1. 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

  174. Guruprasad says:

    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 .

    1. If everything is on your mother name, then she can give it as per her wish !

  175. Rajula says:

    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.

    1. Yes, children of pre-deceeased siblings will also get a share in her property , unless a WILL is written !

  176. Amit says:

    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

    1. 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 .

  177. dharmaraj says:

    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.

    1. 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 !

  178. kumarkumar says:

    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 ?

    1. Jeearbi says:

      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

  179. kumar says:

    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 ?

    1. Only Rajesh real mother will get the share and his wife and children will get it

  180. Anonym says:

    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 🙂

    1. It will be only D1, D2 and M . Those who are legal heirs at the time of division !

  181. amit Dewan says:

    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

    1. 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 .

  182. RPK says:

    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

    1. 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 !

  183. sanjay kulkarni says:

    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..?

    1. WILL will be the final thing .

  184. shravan kumar kashyap says:

    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.

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

      1. SHRAVAN KASHAYP says:

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

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

  185. Puneet says:

    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.

    1. 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

  186. Karm Singh Kamboj says:

    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

    1. 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.

  187. shiva says:

    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

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

  188. mdinya says:

    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.

    1. 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

  189. Lipika says:

    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.

    1. 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 ! .

  190. venu rao says:

    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.

  191. Parul says:

    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.

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

  192. ravi says:

    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.

    1. 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 !

      1. ravi says:

        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

        1. 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

  193. Naresh says:

    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?

  194. Manoj says:

    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

  195. sandeep raheja says:

    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 .

    1. 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

  196. Sunil Kaundal says:

    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

    1. Equal amount each person

      1. Sunil Kaundal says:

        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.

  197. Viren says:

    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

    1. Viren says:

      I belongs to HINDU family.

    2. 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

  198. Jeearbi says:

    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.

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

  199. Kusuma.K says:

    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

    1. 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 .

  200. Satyan Raina says:

    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.

  201. syam says:

    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.

    1. 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

  202. Vivek says:

    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.

    1. You are saying that flat is not registered right ?

      1. Vivek says:

        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.

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

  203. rajeev says:

    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

    1. 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 !

  204. Rajendra says:

    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

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

  205. Murali says:

    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.

    1. 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 !

  206. sa says:

    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?

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

  207. shakthi says:

    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

    1. 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 !

  208. shakthi says:

    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

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

  209. R.Shashikala. says:

    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.

  210. Harikrishnan says:

    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?

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

  211. Bikram Bhusan Sinha says:

    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.

    1. 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

  212. Jignesh Kumar says:

    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

    1. 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 !

  213. TARUN KOHLI says:

    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

    1. 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

  214. PS says:

    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.

    1. Thanks for your views 🙂 .

  215. PS says:

    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..

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

  216. shri says:

    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

    1. 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

  217. GIRISH G RAO says:

    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.

    1. 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 .

  218. jayakumar says:

    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?

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

      1. jayakumar says:

        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?

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

          1. jayakumar says:

            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?

  219. Saswata Maulik says:

    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.

    1. 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

  220. sandip says:

    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

  221. Sudheer Reddy says:

    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.

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

  222. baljeet says:

    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?

    1. 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 !

      1. baljeet says:

        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.

        1. 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

          1. baljeet says:

            Thanks manish, that really helped.

  223. svk says:

    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.

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

  224. umashankar says:

    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

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

  225. ravi says:

    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?

    1. Only between your dad and you !

  226. RAMKISH JETH says:

    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.
    Reply
    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

  227. jayalakshmi says:

    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

    1. 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

  228. Sunil Singh says:

    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?

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

  229. Shubhi says:

    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 ?

      1. Shubhi says:

        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?

        1. 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

          1. Shubhi says:

            Thanks for the information manish!!!

  230. Srinivas says:

    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

    1. 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

  231. Himanshu says:

    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.

    1. HImanshu

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

  232. Jyoti says:

    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

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

  233. Kumar says:

    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)

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

  234. Nishant says:

    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.

    1. 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 .

  235. krish says:

    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…

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

  236. Krishna says:

    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

    1. Hi Krishna

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

  237. Durai says:

    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

  238. RAMKISH JETH says:

    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,

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

      1. RAMKISH JETH says:

        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

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

  239. Ramkishan Jeth says:

    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,

  240. Durai says:

    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

  241. suresh says:

    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.

    1. Only the children will get it . Means the grandchild

  242. dev bhardwaj says:

    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.

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

  243. Kranti says:

    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.

    1. 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

  244. deepak says:

    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

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

      1. Durai says:

        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.

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

  245. bish na says:

    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.

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

      1. bish na says:

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

        1. You can read the full succession laws on this .

  246. kiran says:

    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

    1. 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

  247. Vasu says:

    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?

    1. Vasu

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

  248. ravi says:

    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.

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

  249. ravi says:

    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.

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

  250. akash says:

    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.

    1. 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 ..

  251. Adi says:

    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 ?

    1. 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 ! ..

  252. Lata says:

    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?

    1. 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

      1. Lata says:

        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…

  253. Nimit says:

    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

    1. 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 .

      1. Nimit says:

        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 ?

        1. 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 .

  254. Need Help says:

    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?

  255. siddheshwar says:

    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?

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

  256. SB says:

    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.

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

      1. SB says:

        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 ?

        1. 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 ?

          1. Vasu says:

            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.

  257. Sunny says:

    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.

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

      1. Sunny says:

        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?

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

  258. Malik says:

    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

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

  259. Devidutta Panda says:

    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 …

    1. 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 !

  260. Prashant says:

    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.

    1. 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 ! .

  261. bhrat shah says:

    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?

  262. Rajesh says:

    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?

    1. 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 .

  263. raju says:

    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,

    1. 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 !

  264. Raj says:

    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

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

      1. Tharun says:

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

        1. 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 !

          1. Tharun says:

            Thanks you sir for helping me in this issue.

  265. roshni says:

    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

    1. 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 !

  266. max says:

    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.

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

  267. Mita says:

    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.

    1. 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 !

  268. Mita says:

    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.

  269. Ankit says:

    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.

    1. 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 !

      1. Ankit says:

        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?

        1. Ankit says:

          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

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

            1. Ankit says:

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

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

            3. Ankit says:

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

            4. Only the surviving siblings will be considered

        2. You can go to sub registrar office and enquire on this

  270. Debanjan Ray says:

    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

    1. Debanjan Ray says:

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

      1. 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 ?

        1. Debanjan Ray says:

          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.

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

  271. vamsi says:

    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

    1. 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

  272. Jayesh says:

    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

    1. 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 !

  273. Sneha says:

    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…?

    1. 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 !

      1. Sneha says:

        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….

        1. 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 !

          1. Sneha says:

            ok thanks.. !

  274. P.SARATHI says:

    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

    1. 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 ,

  275. gunasekar r says:

    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.

    1. 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 !

  276. vinoth says:

    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.

    1. 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 !

      1. vinoth says:

        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.

        1. 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 !

  277. KK says:

    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.

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

  278. Unnikrishnan says:

    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

    1. Husband will be the legal heir !

  279. Poonam says:

    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.

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

  280. mahesh kumar says:

    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?

    1. Mahesh

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

  281. sarabhjeet singh says:

    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

    1. Is there no one is CLASS 1 ?

      1. sarabhjeet singh says:

        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….

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

  282. Jagruti says:

    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?

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

      1. Jagruti says:

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

  283. ajay kumar says:

    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.

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

  284. ranbeer says:

    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.

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

  285. Ved Prakash says:

    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?

  286. Ved Prakash says:

    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.

    1. 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.

  287. Saiba Singh says:

    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 ?

    1. 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.

  288. Srishti says:

    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

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

      1. Srishti says:

        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?

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

  289. jayalakshmi says:

    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

    1. 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

      1. jayalakshmi says:

        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

        1. I not getting what is your problem !

          1. jayalakshmi says:

            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

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

  290. rajesh says:

    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.

    1. 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

      1. rajesh says:

        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

        1. 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.

          1. rajesh says:

            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……

            1. 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

            2. Dhurandhar Bhatwdekar says:

              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.

            3. 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 ?

  291. Sachin Joshi says:

    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 ?

    1. 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

  292. Prashanth says:

    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.

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

  293. ashish kumar says:

    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

    1. 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

      1. ashish kumar says:

        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? .

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

  294. avanish says:

    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

    1. 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 .

  295. Vikas Sood says:

    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

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

  296. Vishal says:

    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

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

      1. Vishal says:

        Thanks Manish

  297. K Basavaiah says:

    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

  298. daya says:

    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

  299. Rakesh says:

    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.

    1. 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 !

      1. Rakesh says:

        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.

  300. Durga Partha Sarathi says:

    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

    1. “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

  301. daya says:

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

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

  302. jaya says:

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

  303. sunil says:

    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.

    1. Sunil

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

  304. Poonam says:

    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?

    1. 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

      1. Rakesh says:

        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.

  305. B S says:

    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.

    1. 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 !

  306. Mahesh says:

    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.

  307. Suresh Kumar says:

    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.

    1. 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

      1. Suresh says:

        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.?

        1. 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 !

  308. Anand Jain says:

    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 .

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

      1. Anand Jain says:

        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?

        1. 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

  309. dhanraj says:

    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.

    1. 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

  310. Vasu says:

    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

    1. 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

      1. Vasu says:

        Many thanks Manish.

      2. Vasu says:

        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.

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

      3. Dhurandhar Bhatwdekar says:

        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.

  311. tejas varma says:

    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

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

  312. Mahesh says:

    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

  313. Mahesh says:

    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..

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

      1. Mahesh says:

        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…

        1. 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

  314. dhananjay says:

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

  315. dhananjay says:

    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

    1. They have sign where ?

  316. Vijay says:

    We are hindu family just for your information.

  317. Vijay says:

    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.

    1. 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 !

  318. j says:

    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.

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

  319. R. Kumar says:

    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.

    1. 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 ! .

  320. Manjula says:

    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.

    1. 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 !

  321. Sonam says:

    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?

    1. 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 !

  322. Sonu Singh says:

    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?

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

  323. 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

    1. 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 !

  324. Y S PATHANIA says:

    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)

    1. Her share will be divided among husband and daughters !

  325. K.MURALIDHAR says:

    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.

    1. 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

  326. nitesh says:

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

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

  327. Namita says:

    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

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

  328. Ganga says:

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

  329. saroj says:

    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

    1. 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 !

      1. saroj says:

        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

        1. 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 .

          1. saroj says:

            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

            1. 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 !

  330. Abhi says:

    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?

    1. 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 .

      1. Abhi says:

        Thanks Manish.

  331. chandrashekar says:

    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

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

      1. chandrashekar says:

        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.

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

  332. sandeep says:

    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?

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

      1. sandeep says:

        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?

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

          1. saroj says:

            Thank you so much Manishji.

  333. deepak says:

    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

    1. 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

      1. murthy says:

        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.

        1. 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

  334. viraj says:

    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

    1. 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

      1. viraj says:

        thanks manish

  335. raju says:

    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.

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

  336. Sushil says:

    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

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

  337. angad says:

    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

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

  338. Pallavi says:

    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

    1. 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 .

  339. Deepak Suri says:

    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,

    1. 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 .

      1. Deepak Suri says:

        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

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

          1. Deepak Suri says:

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

            1. Deepak Suri says:

              And our step uncle share?

              Thanks for the help!!!

            2. dheeraj suri says:

              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?

            3. dheeraj suri says:

              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?

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

            5. Suri brothers says:

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

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

            6. It will be same as son – equal .

            7. Dheeraj Suri says:

              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?

            8. 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 !

  340. H C DUA says:

    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?

    1. 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

  341. Shekhar says:

    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…

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

  342. Ravi Singh says:

    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

  343. Mumtaz Advocate says:

    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

    1. Mumtaz

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

      1. Mumtaz says:

        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.

        1. 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

          1. Mumtaz Advocate says:

            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

            1. What other information you want other than this article itself !

            2. Mumtaz Advocate says:

              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

  344. ashu says:

    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.

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

  345. kush mehta says:

    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?

    1. 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

  346. Ashish says:

    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

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

      1. Ashish says:

        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…

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

          1. Ashish says:

            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…

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

  347. RAVI KUMAR says:

    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

    1. Can you reask the question in clear language .

  348. AVIJIT SAHA says:

    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.

    1. 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 .

      1. AVIJIT SAHA says:

        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……

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

          1. AVIJIT SAHA says:

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

            Rgds,
            Avijit Saha

  349. Sai says:

    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)

    1. 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 .

  350. ammu says:

    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.

    1. Avinash says:

      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).

    2. 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 !

  351. Ravi Mehta says:

    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 !!!

    1. “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 !

  352. Ravi Mehta says:

    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.

    1. 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

  353. Kk says:

    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 ?

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

      1. k says:

        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

        1. 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

  354. Hemant says:

    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?

    1. 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 .

  355. Anil says:

    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.

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

  356. heramb says:

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

  357. VIKAS DIXIT says:

    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

    1. 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

  358. RAJA says:

    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

    1. 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 !

      1. Raja says:

        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

        1. 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

          1. RAJA says:

            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.

            1. 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

  359. vidya kumar says:

    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.

    1. 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

  360. Tanay uday sawant says:

    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 …

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

  361. Tanay uday sawant says:

    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…

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

  362. Tanay uday sawant says:

    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

    1. 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

  363. suresh says:

    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

    1. All children and wife will get equal share !

  364. Jignesh M. Kharidia says:

    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.

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

  365. uday sawant says:

    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)

  366. uday says:

    hi . i want to ask u ..

  367. Pinkesh says:

    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 ?

    1. 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

      1. Pinkesh says:

        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 ?

  368. Ved Raj says:

    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 ))

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

      Manish

  369. Dhruv says:

    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” ?

    1. 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

      1. Dhruv says:

        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.

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

          1. Dhruv says:

            so many thanks manish…..

  370. Sangeetha says:

    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?

    1. 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 ?

      1. Sangeetha says:

        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.

        1. 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.

          1. Sangeetha says:

            Thank u very much for ur valuable information sir.

  371. vikrant says:

    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

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

  372. GRKumar says:

    I have two wifes will they get equal share of properity

    1. 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

  373. Soubhagya Kumar Patra says:

    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 ?

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

      1. Soubhagya Kumar Patra says:

        Thank you Manish. 🙂

  374. Mohit says:

    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????????

    1. 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

  375. RIC says:

    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.

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

      1. RIC says:

        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 ?

        1. 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

          1. RIC says:

            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

            1. 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

            2. RIC says:

              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

            3. 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.

  376. Vinay says:

    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.

    1. 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

  377. Anurag says:

    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 ?

    1. Yes he can choose to do that !

  378. Anurag says:

    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?

    1. 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 .

  379. Rupak says:

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

    1. 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

  380. Santana says:

    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

    1. 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

      1. Santana says:

        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.

        1. No its not required like this

  381. Shekhar says:

    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….

    1. 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 !

  382. R P AGGARWAL says:

    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.

    1. 1. No

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

      3. No

  383. Siddharthan says:

    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.

    1. Is the article not clear to conclude it ?

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

  384. MNSINGH says:

    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.

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

  385. deepali says:

    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

    1. Shirish says:

      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.

  386. Jayasri says:

    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

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

  387. Vikram says:

    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

    1. Shirish says:

      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.

  388. RY Prasad says:

    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

    1. 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

    2. deepaksuri82@gmail.com says:

      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?

  389. rdamle says:

    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

    1. 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

      1. rdamle says:

        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?

        1. 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

          1. rdamle says:

            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.

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

            2. rdamle says:

              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 🙂

            3. ss says:

              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,,,

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

    1. Sachin

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

  391. 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.

    1. Sachin

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

  392. Any update on my query.

  393. 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.

  394. 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.

    1. 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 .

  395. Prakash says:

    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.

    1. 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

      1. Prakash says:

        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).

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

        2. Shirish says:

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

          Regards,

  396. Prakash says:

    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.

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

  397. Sachin says:

    Many thanks for prompt reply.

  398. Sachin says:

    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 ?

    1. 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

  399. Suraj says:

    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.

    1. 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.

      1. Suraj says:

        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.

        1. Yes children will have right on their mother property

  400. Sunil says:

    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 ?

    1. 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

      1. Sunil says:

        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.

  401. Dhiraviyam says:

    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.

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

      1. Dhiraviyam says:

        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?

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

  402. RAJGOPAL SRIVASTAVA says:

    A GOOD ARTICLE.IT CLEARS MANY CONFUSIONS.

    1. Thanks Rajgopal !

  403. Sunil Mutreja, Jabalpur says:

    …………….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.

    1. Yes ,thats correct

      1. Sunil Mutreja, Jabalpur says:

        Thanks and Best Wishes !!!

  404. Subha says:

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

  405. sty says:

    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.

  406. sty says:

    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.

  407. Jay Prakash says:

    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.

    1. Good that your doubt is cleared !

      1. CA. Pradip Jadhav says:

        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.

        1. 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

          1. CA. Pradip Jadhav says:

            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.

            1. CA. Pradip Jadhav says:

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

            2. 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 .

            3. CA. Pradip Jadhav says:

              I also feels same!

        2. tungar jayashree says:

          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?

          1. 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 !

  408. CA. Pradip Jadhav says:

    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

    1. 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

  409. BIJAY says:

    Why this difference for mother & father

  410. CV Easwaran says:

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

    1. Good to hear that it helped you !

  411. Satish says:

    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

    1. 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

  412. shobha says:

    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

    1. 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 .

  413. Vivek K says:

    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.

    1. Thanks Vivek 🙂

  414. Jayant says:

    Too complicated ! Better to create a WILL ! 🙂

    1. Yes .. Making a WILL should be on priority

  415. Vijay says:

    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.

    1. 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

  416. A D Shah says:

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

    1. Thakns for appreciation

  417. D.M.Devadhara says:

    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 ?

    1. 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

  418. PMA says:

    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..

    1. 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

  419. D.M.Devadhara says:

    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 ?

    1. 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

      1. D.M.Devadhara says:

        Thank you very much Dear Manishbhai.

  420. Vipin Mohan says:

    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?–

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

      Manish

  421. Sanjay Jain says:

    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?

    1. 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 : https://www.jagoinvestor.com/2010/10/will-your-nominee-get-the-money-on-your-death.html

  422. Sushil says:

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

    1. Good to hear that Sushil !

  423. K.M.Manohar Kumar says:

    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?

    1. 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

  424. rakesh raj says:

    excellent article..what about divorce and maintenance act.

    1. Rakesh

      I am not very clear on those topics !

  425. Aman Bhutani says:

    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…

    1. 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 .

      1. Aman Bhutani says:

        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.

        1. 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

  426. Sachin says:

    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.

  427. Srini says:

    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?

    1. Srini

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

  428. dr kishan says:

    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

    1. 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

  429. Pradip says:

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

    1. 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

  430. Rajeev says:

    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?

    1. 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

  431. Niladri says:

    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?

    1. 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

  432. Anurodh says:

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

    1. Anurodh

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

  433. UMESH says:

    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?

    1. 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

      1. UMESH says:

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

  434. Ana says:

    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

    1. 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

  435. amit shah says:

    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

    1. 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 .

    2. amit shah says:

      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

  436. George Joseph says:

    Excellent article as always Manish.

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

    1. 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