LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

venkatesh k   10 April 2024

Legal heirship

Mrs. A, a widow purchased a house property out of her own resources during her lifetime. After making a registered will on the house property in favour of Mr. B (elder brother of Mrs. A and widower), Mrs. C (younger sister of Mrs. A and widow) and Mr. D (youngest brother of Mrs. A), she (Mrs. A) died. Mr. B predeceased Mrs. A, and hence Mrs. E (widowed mother of Mr. B) and Mr. F (only son of Mr. B) as legal heirs became the beneficiaries on the 1/3rd share Mr. B was eligible. Now Mrs. E died. There are two sons and four daughters as living legal heirs of Mrs. E.


The clarification sought is:


What happens to Mrs. E's share in the property i.e., 1/6th (50 per cent of 1/3rd), which she inherited on demise of her eldest son Mr. B?


Should it be SHARED AMONG HER LEGAL HEIRS (2 sons and 4 daughters)?




On the grounds that Mrs. E's rights cease to exist on her demise, does Mr. F get the whole of 1/3rd of the property to which his dad Mr. B was entitled?


Please clarify with the support of relevant provisions and/or case laws as applicable.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

The share of Mrs E shall devolve on her own legal heirs which include the legal heirs of deceased legal heirs. 

Thus F shall be entitled to a share of his deceased father B out of deceased E's share in the property at par with the other legal heirs of deceased E.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register