Partition

Which personal law applies in your case?

Are you all Hindu?

Confirm!

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

Upon notional partition happens.

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…… including pre-deceased sons and daughters. The share of deceased son or daughter devolves upon his/her legal heirs (ClassI have 1st right in case of Hindus).

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

This should satisfy you.

The wife is Lady with whom man has married as per customs of community/provisions of personal law. Children are bron from such valid marriage.

If a dispute has already occurred approach a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……