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Partition of property after death of parents
28-Apr-2023 (In Property Law)
Father and mother has expired before 1998.They had 3 sons and 2 daughters. 2 daughters are married .2 sons have already died.Out of the two sons who died one has an alive wife ,a married daughter and an unmarried daughter and another son has a son and an unmarried daughter ..The property title deed has 4 names clearly mentioned i.e Mother and her 3 sons.So to whom and by how many parts the money will be partitioned.
When the title deeds /partition has made if before 20dec2004 then it is valid and binding among parties .
If not daughters can claim their share.
If not then the brother's widow has one share of her expired husband and her children can claim from that share. The portion belongs to unmarried brother can be further claimed by all his brothers and sisters including mother equally important. i.e class I. The portion of mother can also be distributed equally 4 parts among 1part living son, 1 part among widow and children, 1 part each to daughters.
If not daughters can claim their share.
If not then the brother's widow has one share of her expired husband and her children can claim from that share. The portion belongs to unmarried brother can be further claimed by all his brothers and sisters including mother equally important. i.e class I. The portion of mother can also be distributed equally 4 parts among 1part living son, 1 part among widow and children, 1 part each to daughters.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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