Instestate Inheritance
Querist :
Anonymous
(Querist) 23 February 2010
This query is : Resolved
Ancestral property was partitioned. Mother lived with one of the sons and she in the partition deed gifted her share to him. He was married but died without any issues and intestate.
Under Sch. I of the Hindu Succession Act 1956, there are no heirs other than the widow. However, under Sch. II the intestate has surviving brothers and sisters.
The questions:
1. Do all of them together hold half right in the land and building (house) of the intestate? In other words, do the brothers hold half and half by the two sisters?
Another partition case on a different asset was decreed while the deceased was alive. Court has appointed a Commission to partition it among the heirs. No one has raised any claims on the intestate as they think it is too late to act.
2. Can the widow now apply to the court to partition the deceased's share for herself as his widow and then gift that to the children of another brother of the intestate?
Querist :
Anonymous
(Querist) 28 August 2010
Dear Subrahmanian, thanks for picking up this old post and the response. Very much appreciated.
