SHARAD CHANDRA DANEJ (Asstt. Manager) 23 May 2010

division of property

'A' died intestate leaving behind 2 married sons, 3 married daughters. He had to properties one self acquired residence and a cold drink shop. During his life time his elder son B gone to abroad for higher studies and settled in UK and A's second son C looked after the cold drink shop and developed it further with some money from his elder brother B. After death of A, his 2nd son C dismantled the old house owned by his father and developed it to a busines complex by taking loan from bank and some financial help from his big brother B. Now how both the properties will be divided. Please guide.

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5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 23 May 2010

what is the religion of A?

is A's wife alive?

Ashok Yadav (Lawyer) 24 May 2010

If A is Hindu, His property shall be divided in to 5 shares. 2 sons and 3 daughters shall get equal share in the whole property as per Hindu Succession Act.

raj kumar ji (LAW STUDENT ) 24 May 2010

I AGREE WITH ASHOK YADAV SIR ,

ANY PERSON DIES INSTAE (WITH OUT MAKING ANY WILL) THE PROPERTY SHOULD BE DIVIDED IN TO ALL THAE LEGAL HEIRS CLASS 1 ( HIS WIFE AND ALL THE SON AND DAUGHTERS )

SHARAD CHANDRA DANEJ (Asstt. Manager) 24 May 2010

I am sorry I forgot to write that A is hindu and his wife is stil alive. Secondly, after the death of A, the second son C dismantled the old house of A and constructed a business complex where C borrowed money from Bank and A's 1st son also contributed for the construction of business complex. Now how the properties will be divided because the value of newly constructed complex and shop has gone up manyfold. Will the property be distributed in 6 equal parts no matter who invested what amount?