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Shrikant   21 August 2018

Anscetgral property distribution

Hello Everybody,

I have queries on anscetral property in following case

 Married Daughters relinquished their share to their Mother (Kamlabai) and Brother(Shriram)  in this

1. After Shrirams death  - will his share distributed between  - Kamlabai and Shrirams' Widow ? or it will go to Shrirams Widow  only ?

2. After Kamlabais' death will her share distributed amonghts daughters and Widow ? or only widow will get 100% ??

 

 

 

 



 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 August 2018

Dear querist,

For Brother (Shriram) distribution will as below.
 

10. Distribution of property among heirs in class I of the Schedule.―The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:― Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.―The distribution of the share referred to in Rule 3— (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre

 

Mother (Kamlabai) 

 

15. General rules of succession in the case of female Hindus.―(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,― (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything contained in sub-section (1),― (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Shrikant   22 August 2018

Respected Joshij ji,

Thxk  for your response, however this  legel terminology I could not understand so  I  put my case. can you plese advice on my case it will help to understand better

 


Shrikant


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