Property inheritance without a will
Austin
(Querist) 26 November 2014
This query is : Resolved
Hi,
I am from Karnataka, and my mother passed away last year. She left behind my father(husband), and 3 children including myself. She had no Will in place (Intestate)
Recently I found out that my mothers parents(my grandparents) passed away too. They had 4 daughters which include my mother.the grandparents had land that needs to be sub-divided by 4 daughters. But as my mother has passed away,
1) Who inherits my mothers portion of the land after it has sub divided when intestacy?
2) how do we(3 children + my father) authorize for legally accepting my mothers portion of sub division when intestacy?
3) And if we decide to sell that land, are (3children + my father) consideres joint owners of the land?
We are a catholic family.
Thanks again in advance!
Austin
Hemant Agarwal
(Expert) 28 November 2014
1. The Husband of the deceased (wife) is entitled to take over the legacy of the immovable property, in his own name, after due procedures.
2. Make a "Family Settlement Deed" amongst the Father and the Three children, with appropriate clause for division (ratio-wise) of the legacy of the deceased and delegate authority to the father for selling the property.
Keep Smiling .... Hemant Agarwal
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Austin
(Querist) 28 November 2014
Does Answer 1 apply to even if the sisters are only partitioning the land. Do we need a succession certificate for the purposes of the partition, or are my mothers and grand parents death certificates enough to claim ownership.
Is there a method for my father to relinquish full ownership of the land, without selling it to us (his children) while he is alive? Can this be done with a "Family Settlement Deed" or is there another appropriate way?
Thanks for your kind assistance. Bit of a learning process for us, but truly appreciate the words of wisdom.
T. Kalaiselvan, Advocate
(Expert) 30 November 2014
Firstly as per the provisions of Indian succession act section 37. Where intestate has left child or children only
.
-Where the intestate has left surviving him a child or children, but no more
remote lineal descendant through a deceased child,the property shall
belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
. Rights of widower.
-A husband surviving his wife has the same
rights in respect of her property, if she dies in testate, as a widow has in respect of her husband's property, if he dies intestate.
if she has also left any lineal descendants, one-third of her property shall belong to her widower, and the
remaining two-thirds shall go to her lineal
descendants,
if she has left no lineal descendant, but has left persons who are of kindred to him, one-half of her property shall belong
to her widower, and the other half shall go to those who are kindred to her, in the order;
if she has left none who are of kindred to her, the whole of her property shall belong to her widower.
Thus on acquiring the property, you all can jointly sell the same or can through a PIA sell or dispose it accordingly.
