Succession of property
avisha
(Querist) 02 December 2009
This query is : Resolved
A father dies intestate leaving behind 2 male children and a widow. Below are certain queries regarding succession of property:
1) As per natural succession and in absence of will of father how will the property get divided between the three?
2) If it gets divided in 3 parts, can my mother or brother or both together sell it, or auction it in any way without my signature all the 3 parts or their individual parts?
3) Once the mother gets the ground floor as a share is it possible for her to will it to either of them. From what i know only self acquired property can be willed away and as the property is in the father's name and the mother gets her share as succession is it possible for her to will the ground floor to either of them and if not then how is the ground floor divided after her?
4) Can two people get together and sell the property, yet give the third person the share? But if one person is against selling the property right now can that person have a veto or right to stop and if two people get together to sell it can the third person legally obtain a stay?
Hope to recieve a reply soon for the queries.
Manish Singh
(Expert) 02 December 2009
the property shall be succeeded in three equal parts by all the three.
all the successors can bequeath the property under Will.
no sale of property can take place without consent of all the successors.
prakash vathore
(Expert) 02 December 2009
hi avisha
first of all if a person died without making a will then the successors has to file testamentory petition for obtaining letters of administration in the hc so far as our bombay is concerned.
in that petition all the heirs can claim their shares and as per the hindu law they will get their share.
if u want to say without going through the procedure u r amiacably setteling the property amongs u. then also u have to enter the names in the records of bmc, etc.
if ur names r entered in the property records then u can certainly object the sell of property without ur consent, by filing suit for injunction.
