chandrashekar janardan (consultant) 18 June 2012
My late father willed his self acquired property to his wife and sons equally. Two sons have died, leaving behind a widow with no issues and a widow with child, now 6 years old. The second widow with child has remarried recently. All have agreed to sell the property. Can the sale take place with mother signing on behalf of the child? Any approval is required or not? Secondly how the proceeds should be divided in the case of remarried widow and her child.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 June 2012
1. Assuming the property to be a self acquired one, It was willed to 2 sons and wife i.e widow.
2. All get 1/3rd share each. The Sons 1/3rd goes to their wives and chidlren in equal proportions.
3. Since there is no male member is left - the joint family ends - and also because the property is bequeathed via a will - it becomes child's and widow's seperate property. To transfer the child's interest - guardianship and ward's court's permission is required otherwise the transaction would be voidable and may be avoided by the child within 3 years of attaining majority.
Feel free to talk !
chandrashekar janardan (consultant) 18 June 2012
Dear Sir,
Thank you for the detailed reply. There are 6 shares between the mother and 5 sons, of whom 2 have died.
Both sons who died were married, one widow with no issues and the other widow with a daughter and remarried.
Kind Regards.
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