Share of undivided inheritance
Partha Basak
(Querist) 14 March 2021
This query is : Resolved
My father left behind a self aquired property to wife and 3 sons, in 2012. In 2018 the youngest son expired leaving behind his wife and only daughter. Now in 2021 my mother has expired.
The wife and daughter of the youngest son (they live in her father's house now) want share of property. What should be their % share of the undivided property?
Advocate Bhartesh goyal
(Expert) 14 March 2021
Now your father's property will be divided equally among you,your brother and and your deceased younger brothers l.rs.your deceased younger brother's wife & daughter will get 1/6 share each in the property .They will get jointly 1/3 share in the property.
Partha Basak
(Querist) 14 March 2021
Sir, Father died intestate. Share of mother and 3sons was 1/4 each. On death of youngest son, mother and his wife and daughter each got 1/3 of 1/4 of total= 1/12 of total property (They together have 1/12+1/12= 1/6 of total). Now mother's share was 1/4+1/12 =1/3 of whole property.
With mother now expiring intestate , is her 1/3 share divided between her 2 remaining sons and daughter of deceased youngest son? Or is all earlier calculation become void?
Advocate Bhartesh goyal
(Expert) 15 March 2021
I have already opined that your deceased brother's wife and daughter are jointly entitled to get 1/3 share in the questioned property..
kavksatyanarayana
(Expert) 15 March 2021
Your father's property will be devolved into three (3) equal shares including the deceased brother. For the deceased brother's 1/3 rd share will devolve to his wife and children in equal shares. If you partition the property, you, your brother, and the wife and children of your deceased brother shall divide and get it registered.
