Raj 27 November 2024

Property distribution within family members without will

Mr X has 2 daughters (D1 - elder & D2 - younger) and a wife. Mr X and his wife are deceased and has not written any will (neither Mr X nor Mr X's wife)

Mr X has a property on his name and quite a few fixed deposits. Daughter D1 has taken those Fixed deposits and somehow prematured them and used them for her without giving them to Daughter D2 Or their legal heirs.

Daughter D1 is alive and D1 husband is deceased.

Daughter D2 is deceased but their legal heirs (D2 husband, D2 daughter & D2 son) are available and alive.

Mr X deceased in September 2014

Mr X wife deceased in May 2024

Daughter D2 deceased in Jan 2017.

Will the property of Mr X will get distributed equally among daughter D1 and the legal heirs of daughter D2?

Can you please explain how does the property of Mr X will get distributed in this situation?

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4 Replies

Real Soul.... (LEGAL) 27 November 2024

Since both the parents are not alive, the property shall be distributed amongst two daughters equally.

Now if D1 has ereceived payments withour consent of D2 that is recoverable by heirs of D2.

The property will be divided in two equal parts one part will go to D1 and other Part to legal heirs of D2.

Advocate Bhartesh goyal (advocate) 27 November 2024

Since Mr C died intestate so his movable and immovable properties rights will devolve to his legal heirs equally I.e D1 & D2. and since D1 has received entire payments of fixed deposits of deceased X without notice of D2 or his legal heirs so now legal heirs of D2 has got right to recover1/2 ( 50% ) amount from D1 and equal share in immovable property .