quesHow to divide father in law's property who died without Will equally?

My father-in-law has left behind a residential property after his death. There is no Will by him. His wife is also dead & not made any Will. They have 4 daughters, one of which has also expired. She has 2 major children. The other 3 daughters are married. The 1st daughter has two major children. The 2nd daughter has one major child. The 3rd had 2 children, one of which expired 2 years ago unmarried. Her other child is married.



 



Please guide about sharing pattern of property.



 



The property is in possession of 2 daughters who are living on the Ground and 1st floor respectively, one not agreeing for division.



 

  • ans


    There are two acts which govern intestate succession (without will) namely:


    a. Hindu Succession Act
    b. Indian Succession Act

     

    In your case, both these Acts prescribe the same devolution of property. The property shall be divided equally amongst all 4 daughters i.e. 1/4th share each.

     

    Now, as one daughter has expired, her share will be equally divided amongst her two children i.e. they will get 1/8th share each. It is immaterial with respect to the children of other daughters because as they are alive they themselves shall get 1/4th share each.

     

    So as we can understand, you are the husband of one of the daughters who is not staying in the house. So your wife is entitled to 1/4th share of the property and she can file a suit for partition and permanent and mandatory injunction making the other two daughter and the children of the pre-deceased daughter a party to the suit. 

     

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only


    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

I want to know how to relinquish the entire property/assets from my family which I…

My parents expired in 2006 when I was a Minor. Since then I live with…
we have been renting a company to some one for above 10 years after that…
Dear Sir, This is Rajesh from hyderabad, In 1991 my father bought site from subramanyam…

Property Lawyers in India

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate J. P. Rinwa

  High Court
 Experience: 16 years


Advocate Ekta Mehta

  Nizamuddin East
 Experience: 8 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly