Head of family dies without will

Spouse of the family has the first right over the property even if the person dies without making his will. The only way to transfer the property of the person who is dead is if, the spouse gives her consent for the transfer of the property. The children are under age so, until their adult age the can not claim for the property.   

>> If the person is Hindu then the widow and children are ClassI legal heir and have equal right on the wealth of the deceased.

>> HINDU MINONORITY AND GUARDIANSHIP ACT, 1956

For the minors there can be a guardian.

For the minors Guardians may be divided into three classes, namely:

(1)       natural guardians,

(2)       testamentary    guardians, and

(3)              guardians appointed under the Guardians and Wards Act, 1890.

 The Act is principally intended  to declare as to who are the persons entitled to act as the natural guardians of a Hindu minor in respect of  the person and property of the minor and to impose certain restrictions on the powers of such guardians. 

>> No succession rights if the widow has remarried on the date of succession.

If a person has killed the person from whom he was suppose to acquire the wealth and has been declared as murderer by law , then he looses his right of acquiring assets.

It shall be appropriate to show the relevant dos on record and discuss in person with a lawyer specializing in such matters.

You can discuss other finer points also that you may have in mind with your lawyer.

the property is to divided in all legal heirs of the deceassed.i.e all children and widow moreover mother is the natural guardian of the children after father.

WILL is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death. WILL is an untitled document which state after the death of a person making the deposition an it is document which can be revoked , modify or substituted by the person executing the will at any point of his time during his life time. When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act,1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased. Unless there is a will made in favor of the under age children, the property will not be transferred only to the under age children. If no will is made, on death of the man all the property will be transferred both to the spouse and under age children as they have a share over the property.Get an expert to guide you through the entire process. you can call me at 09555 507 507 or send me a mail at info@lawkonect.com