Hindu female succession act
Wakle
(Querist) 28 December 2018
This query is : Resolved
Hi my mother had property of my father. How will be property divided among myself and my brother who was died having wife and two sons.Our joint family but property distribution happen few days ago.
kavksatyanarayana
(Expert) 28 December 2018
The property is your father's property as per your query. Did your father make the Gift deed in yours mother's favour? or did your father make any will in which your mother as beneficiary? Otherwise your mother, yourself and your brother' wife have equal rights over the property. For your brother's share (1/3rd) will be distributed among her and her children.
Dr J C Vashista
(Expert) 29 December 2018
Your query contain some vague statement as how will property be divided among myself and my brother "who died having wife and two sons"?
Do you have step-mother as well ? If so, it would be 1/4th share; otherwise 1/3rd each if the property is intestate.
Consult a local prudent lawyer for better appreciation of facts and guidance.
Kumar Doab
(Expert) 29 December 2018
You have posted that;
"Hi my mother had property of my father. How will be property divided among myself and my brother
who was died having wife and two sons.Our joint family but property distribution happen few days
ago.
"
You have posted many queries and have affirmed that you are all Hindu.
Your queries have been responded in detail.
You have posted in one query about how to evict wife of your brother (deceased).
In this query you have posted that;
“The title of the property was in the name of Mother.The property was that of father.”
Implying the mother was taking care of the property.Otherwise as already explained ;ClassI legal heirs of deceased father have 1st right for equals share that includes pre-deceased son (your brother as in query). So his share devolves upon (equally between) his ClassI legal heirs i.e. including his wife ….
You are at liberty to offer to buy share of your pre-deceased brother …If all agree.
If the property is building with many floors (as posted in one query by you) then all can occupy their share or decide to share as status quo or partition by boundaries and reghiser the deed.
“ property distribution happen a few days ago”
If partitioned by boundaries and regsiterd then what is the issue?
What for this query is posted?
You have faced litigation and know IT involves stares, hardships, expenses…!
Isn’t IT.
End the litigation permanently by registered family settlement deed.
