Chandan Kumar 18 March 2018

Distribution of son's property if son dies before mother

A person A has two sons B and C and wife D. Now E is wife of B and F is wife of C. Now A distribute his property among B and C and dies. Now after sometime B also dies. After four years death of B, his mother D dies. Before the death of mother D, the property of B has not been divided between Mother D and Wife E . Now , how the property of B will be distributed? Does C has a share in property of B because of mother D share in B?. Because mother D dies after B.

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R.Ramachandran (Advocate) 18 March 2018

Whether physically the property of B was divided between C and D or not cannot stand in the way. Leglly, D was entitled to 50% of the property of B.

Now that D has died, her 50% share in the property (in the absence of WILL) will go entirely to C unless, B has any children, in which case the 50% share of D, has to be shared equally between C and the children of B.