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Victim of law abuse (Manager)     21 July 2014

Will and hindu succession act

Mother wrote a will to give her SON  : her share of house and land that her late husband gave to her in his will. (Her husband's will was never submitted in court). She gave rest of her own land to her second DAUGHTER (D2) in her will. These mother and father have two daughters and one son.

Mother passed away in 2007.Her will was never submitted in court. Son passed away in 2014 without writing any will.

Daughter(D2) passed away in 2014 without writing any will and she does not have any legal heirs of her own

1.What will happen to the properties that the mother gave to her son in her will? Will they go to mother's legal heirs (or) her husband's legal heirs (because the properties came from her husband through will)?  (or) son's legal heirs ?

2. I believe the property of daughter (D2) will go to her father's legal heirs. Son and both daughters died but son has a surviving daughter and his widow. First daughter has three children. How do they distribute this D2's property? Equally among 5 heirs (or) one part each for son's family and first daughter's family? 



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 2 Replies

Laxmi Kant Joshi (Advocate )     21 July 2014

You have not mentioned that , had they transferred that property in their name or the property is still in your fathers name , your mother had execute the will in her name or not ? give complete detail only then the accurate decision can be given .

Victim of law abuse (Manager)     21 July 2014

None of the beneficiaries of wills transferred property in their names. All the properties are in the name of the people that wrote the will. 

 

Complete house is on father's name, Land 1 is on father's name. Land 2 is on mother's name.

Owner's of the property and all the beneficiaries of their wills died


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