who has a right in property for sell it
Ritesh Rathod
(Querist) 25 July 2014
This query is : Resolved
Dear Experts.
In state of gujarat there is a one house property.
Real owner of house was Mr. A (MALE-DIED) and
WIFE OF MR.A WAS ALSO DIED.
Mr. A and his wife has a two daughters for example B&C, both are married.
B has a one son minor.
Now daughter B also died.
Now the question is who has a right in house property of Mr.A
Thanks in advance.
Cs Ritesh Rathod
M.8511239186
Ritesh Rathod
(Querist) 25 July 2014
Husband of both the daughters are alive.
P. Venu
(Expert) 26 July 2014
The property is vested in all the siblings, including the legal heirs of the deceased daughter.
Devajyoti Barman
(Expert) 26 July 2014
yES, THEIR HUSBANDS AND CHILDREN, IF ANY WILL NOW INHERIT HE SHARES OF THEIR WIVES.
ajay sethi
(Expert) 26 July 2014
on death of A and his wife his property would devolve on his children B and C . since B has pre deceased A her share of property will devolve on her husband and minor son
Ritesh Rathod
(Querist) 26 July 2014
Thank all of you Dear
In conclusion you mean to say for selling this A's property party will be 1.Daughter C and
2. Children and husband of daughter B.
pls correct me if im wrong. Still I have one query sir that is for sale this property order of court required becase minor is also a one of the party or not required?
Thanks & Regards
CS Ritesh Rathod
M. 8511239186
Rajendra K Goyal
(Expert) 26 July 2014
Both daughters have equal rights in the property. The share of deceased daughter would go to her legal heirs.
Guest
(Expert) 26 July 2014
In which years husband and wife died? Also, is not it your academic query as a student?
Ritesh Rathod
(Querist) 26 July 2014
I am sorry sir actually im not update my profile status now im a company secretary not a student sir.
All right Mr. Rajendra Please can you tell me who are the legal heir of deceased daughter? Her son and her husban or only her son?
and Mr. Dhingra husband and wife was died around 20 years back.
and one more thing I would like to share with you that in class 1 schedule I think daughter's husband is not mentione.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
B&C being daughters and class I legal heirs of the deceased title holder of the property, will each inherit the property in equal share. Thus, the property will now be divided into two shares, one such share will be allotted to the living daughter and another share will go to the class I legal heirs of the deceased daughter. Her legal heirs are her son and her husband.
Hope you have understood the position.
Ritesh Rathod
(Querist) 28 July 2014
Sir,
May be sir I am wrong but sir when male gets die than its property divided as per class 1 legal heir as per hindu succession act. But in class 1 there is no anywhere mention son in law ofcourse son of daughter is there as per hindu succession act.
But the female died its property divided between her children and husband.
Thanks a lot sir.
Raj Kumar Makkad
(Expert) 29 July 2014
Son in law is not included in Class 1 heirs so he has no right therein.
Ritesh Rathod
(Querist) 01 August 2014
So ultimately legal rights on such property is vested between alive daughter and son of deceased daughter.
Am I right?
Thanks for share your valuable opinion.
