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How to divide father in law's property who died without Will equally?
23-Mar-2023 (In Property Law)
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.
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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