Querist :
Anonymous
(Querist) 09 May 2010
This query is : Resolved
My father left his property to his 6 children (4 married & 2 unmarried) by means of a settlement deed, which will come into effect only after his and his wifes death. A) In case of the event of the unfortunate death of one of the married children, does the deceased childs share of property go to his / her brothers & sisters or to his / her spouse and children. B) In case of the death of the unmarried child,how is his / her share of property settled. C)At the time of selling the property, if any one of the children is not willing to give consent for sale of property, can the property be disposed of by the remaining children by virtue of majority children being in agreement.
Raj Kumar Makkad
(Expert) 09 May 2010
A. The share of deceased shall be inherited by his legal heirs means widow and children and not by his brothers/sisters.
B. First of all his mother shall entitled to inherit his share and in case of her death, his brothers/sisters shall inherit his share.
c. Consent of shareholder is must and his share cannot be sold by remaining shareholders on the ground that they are in majority. Anyone can sell only his share and not of other.
G. ARAVINTHAN
(Expert) 15 May 2010
a) the same share will be divided among the legal heirs of the deceased
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