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Ramu Nambootiri (Counsel: In - House)     26 February 2010

Intestate Succession

The parties are Hindus. Father's property was divided in between widow and his children some time ago.  The widow living with one of her sons diversted her share to him with a right to live in the ancestral home until her death, incororating into the partition deed. She  died a few years later. The son also did later intestate and also without any issues survived by his widow.

Under the Hindu Succession Act (HSA), Sch I as read with the Indian Succession Act, the property has to be divided in betwwen the wido and other heirs as schedules in I & II of the HSA.  Under Sch I only the widow lives to inherit but the mother leaving her other children in the Sch II. So under Sch II,  the deceased has 'brother' & sister'  as the next inheritors. He is survived by two sisters and five brothers.

Does this mean that  the property has to be divided into three equal parts with the two sisters getting one share to divide equally in between them and the five brothers getting one share to divide equally in between them also and the third share going to the widow? Thanks.


 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 February 2010

You have not mentioned in which year their mother expired and in which year her one son died.


Provide full details so that accurate reply may be given..

Ramu Nambootiri (Counsel: In - House)     26 February 2010

Thanks Raj. The partition was in 1986. The Mother died in 2004 and the son, in 2008.

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