Coparcenary property
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Regarding our ancestral property, it was devolved in 1955 under coparcenary within 4 sons, each one having 1/4th share. One of the sons sold his share to the other 3 coparcenaries and after that he died.
Subsequently after few years one more son expired intestate without any children. One more son expired after few years who also did not have any children.
Please can you confirm if the last surving son has now full ownership of the entire property. After his death, does his sons become full owners of the property.
M/s. Y-not legal services
(Expert) 13 January 2012
absolutely you are right..
3 out of 4 share holders are already died.. so remaining 1 person is the absolute owner now.. after his life time his legal heirs will get equal share..
-tom-
R.Ramachandran
(Expert) 13 January 2012
Dear Mr.Tom,
I do not think you have enough details to come to such a conclusion.
R.Ramachandran
(Expert) 13 January 2012
Dear Mr. Sankar Narayanan,
Can you be little specific as to whose view you are in agreement with.
M/s. Y-not legal services
(Expert) 13 January 2012
you are right ram sir..
later i noticed my mistake sir., one son sold his share to others., and two were died without having children.[ may be their wives alive] but i misunderstood., and first son also allowed to sale his share only., if any legal heir avail mean there also problem.,
-tom-
Raj Kumar Makkad
(Expert) 13 January 2012
In continuation to the opinion of Ramachandran, I suggest the author to put more details about the legal heirs of the deceased brothers especially who had not sold their shares and died intestate so that accurate reply may be given.
Raj Kumar Makkad
(Expert) 13 January 2012
shankaran! If you dont mind, I want to suggest you to please either express own vies or tel with whom views, you do agree as it is not sufficient to write "I agree with experts' wherein divers ant views are already prevalent.
prabhakar singh
(Expert) 14 January 2012
Yes! The query lacks details to form any opinion.The sole coparcener alive can be sole owner only when two predeceased coparcener have not left behind any legal heir except the alive coparcener as brother
because if they left behind them any widow/mother or father then surviving coparcener has no right of inheritance at all,even presence of a sister may change the situation.
HENCE COME WITH DESIRED FACTS.
Querist :
Anonymous
(Querist) 14 January 2012
Let me clarify the correct position. As mentioned earlier,One of the brother has already sold his share to his 3 brothers.
Out of the remaining 3 brothers, 2 of them have no children and remaining one is having 3 children.At present,the wives of 2 brothers(out of 3)are alive.The brothers had 4 sisters who were not coparceners. Out of 4 sisters, 2 have died and 2 are alive.
We have no idea if any of the 3 brothers had made any will.
Please advise how the property will be devolved as per law.
Shonee Kapoor
(Expert) 14 January 2012
It would also depend upon on which date succession opened.
The wives of the coparceners would have the right to be maintained out of that property, so would be any widowed sisters.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 14 January 2012
Upon the existing legal heirs including the child in womb on the date of opening of succession.
