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RajaRajachozhan (retired )     02 March 2020

Dying intstate and devoution of property rights

Property share to the Heirs. 

A,  a Hindu, has acquired a property (Flat) out of his own earnings – self earned.   He dies intestate last December 2018  leaving behind  1) his wife; 2) son S1 and daughter in law; 3) son S2, daughter in law and grandson (minor now). all Hindus..   Who are all entitled to his property and in what share?


 2 Replies

Adv. Umesh Arora (SCI)   03 March 2020

The two sons and the wife are entitled to equal shares in the property. That means 1/3rd to each party!


Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 March 2020

1. In the given Circumstances, ALL the Class-I legal heirs (Wife, Son-1, Son-2) are legally entitled to claim deceased Father's intestate property, in EQUAL share i.e. 33.33% each.  ALL the other relations are not entitled to claim anything.

2. The Class-I legal heirs, execute a registered "Release Deed"  .OR. a "Family Settlement Deed", of their individual share ratio in another legal heir person/s favor, to establish Clear-Title, due to absence of a WILL of deceased person.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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