Inheritance of 50% share of joint property
Meera Barge
(Querist) 15 May 2012
This query is : Resolved
A property was jointly owned by husband and wife. They have three sons out of them one son died and the deceased son has one son. The husband expired in the month of December, 2011. How will the property divided
Shonee Kapoor
(Expert) 15 May 2012
The sons and wife would get 1/4th share each.
The widow of the deceased son and the son to the deceased son would get 1/8th share each of the portion of the husband, if no will is left.
However if there is a will, the will would prevail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 15 May 2012
Since the husband and wife jointly own the property, it will be deemed that each have equal share i.e. 50:50 in the said property.
Now that the husband has died, (if he has not left any WILL), his 50% share will go equally to the following (depending upon whether the said persons are alive or not):
1. mother
2. wife
3. son(s)
4. daughter(s)
In the instant case, it seems that the deceased person's mother does not appear to be alive. He also does not appear to have any daughters. (At least the querist has not indicated any such particulars)/
Therefore, his 50% share in the property will go equally between his wife (who has already her separate share of 50%) and his three sons. i.e. each will get 1/8th share in the entire property.
Since one of the sons had already died, the deceased son's share of of 1/8 will go equally between the deceased son's widow and his son i.e. each one of them will get 1/16th share in the entire property.
ajay sethi
(Expert) 15 May 2012
agree with anirudh
adv. rajeev ( rajoo )
(Expert) 15 May 2012
in the deceased husband's share, his deceased son's son and wife will get equal share along with the wife of deceased husband and two sons.
If son was alive he would have got 1/4th share( mother + 3 sons) in this 1/4th share son and widow will get 1/2 share
