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Prakash REddy (retired)     24 June 2020

Property rights of person dies without will

Father passed way without will. Survivors are mother, son and daughter. Daughter got almost equel to what is left now.

How property of father to be divided 1. Self acquired 2. Acquired heriditorily

Similarly surviving mother's property rights are with whom?

Prakash



Quick Summary
When a person passes away without a valid will, their property is divided equally among their legal heirs. In this case, the deceased's mother, son, and daughter are all entitled to an equal share of both self-acquired and inherited property. To formalise the inheritance, legal heirs must obtain a legal heirship certificate from the court before transferring the property into their names.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 June 2020

Hello,

After passing of your father you, your mother and sister will be legal heirs of your father. Property will be divided equally between all of you. Your mother is also entitle for equal share as of you both. You have to get legal heirship from court. Thereafter you can transfer property in your name.

Prakash REddy (retired)     24 June 2020

Dear Mr Pawar,

If father makes a will in favour of my daughter from his heriditary property, is it valid or challengeable?

Prakash


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