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Jagjit Singh   03 October 2020

are intestate succession hiers are joint tenants

my step mother died,she owned a plot,leaving 3 legal hiers, husband,son and daughter.what kind of property ownership is it is it joint ownership as land is still registered in deceased name,if my father dies will the plot devolve only to her son and daughter as is in the case of joint tenancy.or me(2 nd wife's only son) will get share being hiers of her husband.can my father will his 1/3share to me, because I have read that joint tenancy doesn't allow will execution.please explain if the 3 legal hiers are joint tenants of the plot or intestate succession hiers.


Quick Summary
This discussion explores the distinction between intestate succession heirs and joint tenants, particularly concerning a deceased stepmother's property. The core question is whether the surviving husband and children are joint tenants or intestate heirs, and how this impacts inheritance if the husband were to die. It clarifies that if the husband dies intestate, all his children, including those from a previous marriage, would share equally, alongside other potential heirs like a surviving grandmother. The conversation also touches upon the inability to will property held under joint tenancy.

 2 Replies

Shashi Dhara   03 October 2020

If father dies intestate all his children will get equal shareincluding his first wifes  children.if your grand mother is alive she will also getsequal share.

P. Venu (Advocate)     03 October 2020

What is the source of your knowledge that in such cases, the husband inherits his deceased wife's property in joint tenancy with the children?


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