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(Guest)

Share in property

sir,

my father expired  without any WILL, the following are the family members

my father 1st wife family

My self (son)

three sisters (1) unmarried

mother (1st wife of my father) living together

2nd mother( step mother) living together

one daugther( married) to my father second wife .

how can we distribute my father proper amount us, please advice



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     21 April 2014

Legally speaking your step mother has no rights in your father's intestate property because she will not be considered as legitimate wife when there exists a wife of previous marriage and that marriage was also subsisting as on the date of death of your father.  However your step sister (half sister) will be entitled a legitimate share in your father's self acquired property.  Thus, if is presumed that the entire property is your father's self acquired property,  upon his intestate death, all his legal heirs will have equal right of  share in the property, i.e., your mother, yourself, your own three sisters, your half sister (step sister), i.e., the property will be divided into six equal shares and each will be entitled to 1/6th share.

1 Like

(Guest)

thank T Kalaiselvan sir, my mother is willing to write her property share in my name,

how can i register,

 

thanks again for reply

adv.raghavan (Advocate,9444674980)     21 April 2014

Endorsing the correct  views of Adv.Kalaiselvan, your mother can go for a relinquishment deed  of her share in property favg you.

Adv k . mahesh (advocate)     21 April 2014

here you said that no will then you have to take succession certificate from the court regarding immovable property and then your mother and your sisters can relinquish their share into your name 

T. Kalaiselvan, Advocate (Advocate)     21 April 2014

A succession certificate is not mandatory especially when there is no dispute about the legal heirs among themselves, your mother can relinquish her rights of share in the property in your favor by executing a registered release deed to that effect which will suffice the requirement.


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