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How is the property divided is if there is no will
22-Apr-2023 (In Property Law)
Hi, in my mother's Will she left one third each of proceeds of sale of property to her brother (my uncle), my brother and myself. My brother and I are joint Executors of her Will. My uncle died intestate ( no will) before probate was finalized, thus before house could be sold. My question: Once the house is sold, are we legally bound to give the one third my uncle would have gotten to his surviving wife (our aunt- in -law)? Or do the proceeds now get divided equally half and half between my brother and myself?
However, some legal question rise here,
1. How your mother become the absolute owner of that property?
2. Status of Property, if it is self acquire and possessing absolute ownership on it then only your mother has right to execute a will else not, in such case the Principle of Law of Succession would apply, which could nullify the existence of Will.
3. It is also the subject matter or religion (Hindu Law and Muslim Law), under which you fall.
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Adv. Naveen Kumar Shelar
Delhi | 100+ Answers
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