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Discussion > Civil Law > Appeals > Who are legal heirs   Unanswered Threads Post New Topic

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There are 21 Replies to this message


Gokul kumar


l
[ Scorecard : 31]
Posted On 26 December 2010 at 23:55 Report Abuse

History of doubt:

Person A has got a wife a son and two daughters. Son is married has a wife and a girl. Daughters are also married and have kids.

Person A and son died.

Question 1)

If properties are in the name of A after he dies,legal heirs are his wife,son ( as he also  died his wife and daughter will become legal heirs),  two daughters. If the wife of A wants to give her share to two daughters and writes a will before partition of properties will it be valid will???
 or will both the daughters by default will become legal heir of their shares as well as their mothers share??

Will wife & daughter  of son get shares of A's wife  after A's wife dies??

 

2)

If properties are in the name of son legal heirs are his wife,daughter  and his mother. If the mother wants to give her share to two daughters and writes a will before partition of properties will it be valid will???
 or will both the daughters by default will become legal heir of their mothers share??

Will wife & daughter of son get share from son's mother after she  dies??



Suchitra. S


Advocate
[ Scorecard : 4727]
Posted On 27 December 2010 at 06:39 Report Abuse

Sir, I presume the family is a Hindu family.

1. In the absence of a will by the deceased, both his self earned property and the ancestral property should be distributed equally among his wife, son and daughters. 

So, his wife can, by will give away her share to anybody she wishes to. This will is valid one even before partition.

Here, the legal heirs of the deceased are his wife, son, and daughters. So, each one will have their share in the property by default. 

After A's wife's demise, her property will be divided among her legal heirs, i.e, her son and daughters in the absence of her husband. 

2. In this scenario, a son can have property in his name only if father has made a will to that effect  of his self earned property. In father's self earned property, his wife, son and daughters will have a share and so, cannot be given through a will. 

If the son gets property through will, then his mother and sisters will not have any share in that property. But his wife, and daughter will have their share. 



Total thanks : 1 times

G.Aravinthan


Solicitor / Legal Consultant
[ Scorecard : 21904]
Posted On 27 December 2010 at 07:41 Report Abuse

1) the share of the predeceased son will be inherited by his legal heirs

2 no share can be allotted


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35115]
Posted On 27 December 2010 at 07:57 Report Abuse

Notional partition has to apply:


A's legal heirs are  : his wife, son, and two daughters = everybody has got 1/4th share

A's son is also no more : then legal heirs are wife, mother and his children.

                                              in the 1/4th share of the A his legal heirs will get each shae.



Total thanks : 1 times

Member (Account Deleted)


JUDGE
[ Scorecard : 5925]
Posted On 27 December 2010 at 09:15 Report Abuse

indian succession act applies


raghavendra raghu


cunsultant
[ Scorecard : 1382]
Posted On 29 December 2010 at 14:40 Report Abuse

if  it is an ancesteral property , how extent mother has  right  over this  property ?

what is the meaning  of revertionary  right ?


kranthi


retainer advocate
[ Scorecard : 267]
Posted On 30 December 2010 at 14:50 Report Abuse

I will agree with the suchitra madam opinion


Sangeetha


.
[ Scorecard : 22]
Posted On 17 June 2011 at 12:42 Report Abuse

Sir

I am from a Hindu family

My mother and father died in a accident

The property is in the name of my father ( not a heritage property) .

Myself , My brother and my grandma ( fathers mothers) are listed in legal hier .

I am married and having a kid

Here are my doubts :

1.Can my grandma write a Will to give her share to my brother ( beign a legal hier only ) ? (The property is bought by my father only .

2. As my brother is a fraudlent person , can he sell the property without my consent .


Request your kind reply

Regards
R.Sangeetha


Gokul kumar


l
[ Scorecard : 31]
Posted On 19 June 2011 at 17:49 Report Abuse

Sangeetha being your family a Hindu family..

Grandma can write her share by will to any one as she wishes to.If she writes wil on your brother name after she passes away your brother will have rights for both his share as well as your grandma's share. But your share will remain uneffected.


SIVAKUMAR


sr.sys.exe
[ Scorecard : 26]
Posted On 09 August 2011 at 11:43 Report Abuse

Hello,

     One of My friends mother and father both died recently without a will. My friend is having a younger sister got married and having kid well settled and grand mother(father's mother). My questions are as follows

1) My friend applied for Legal Heir - his name along with sister and mother are named legal heirs is it correct?

2) if my friends grandma needs to write her share on my friends name can she write her share as settlement to my friend.

3) what action can be taken against my friend's sister if she wantedly giving disturbance to my friend on demanding 1/2 share which she will not legally get if 2nd questions answered in favour to my friend, though my friend agreed to give the amount to his sister for 1/3 share which she holds?

4) What kind of valuation will be done(Note book value or Market value) if my friends sister agrees for settlement for her share?




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