How 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.

Answers (1)


322 votes


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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