SUKHVIR HOUSING AGENCY (proprietor) 22 September 2025

Rights in mothers parent property

This regarding Rights in Mothers Parent Property.

Mr. A & Mrs. B (maternal Grand parents) had 3 Daughters D, E and F as their legal Heirs

After the death of Mr.A his wife gave ONE THIRD of Property to her Middle Daughter "E" and "E' sold her protion.

Mr.X married to D and they had 4 children (alive), lateron Mrs."D" also passes away

Mr.X re-married to "F" (youngest sister of "D") and she has 2 Children, and younger one child is also died

Mr.X also died left his 4+1 surviving children and his wife "F" as legal heirs

Question in point of view of maternal Grand Children Is whether Property distribution of Late A & B (Maternal Grand Parents) will go to F (only surviving daughter) or it will be divided into two portions of Late "D" and surviving "F"

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6 Replies

Advocate Abhishek Sinha (Advocate) 22 September 2025

Namaste,

In short, It will not go entirely to F.

Because D’s 1/4th share vested in her heirs (her children + husband) at the moment of her death. So, maternal grandchildren of D (through her 4 surviving children + X’s legal line) will continue to hold that 1/4th share.

F cannot take over D’s portion just because she is surviving.

Hence Property = Divided into Two Lines i.e Late D's Branch + F's Branch

Thanks & Regards

Advocate Abhishek Sinha

P. Venu (Advocate) 22 September 2025

"gave ONE THIRD of Property to her Middle Daughter "E" How? Was a registered conveyance executed?

What about children of E?

All the more, is this a riddle or a realtime query?

1 Like

kavksatyanarayana (subregistrar/supdt.(retired)) 22 September 2025

Mrs B has three daughters, and her parents' property shall devolve among the mother and her 3 children, i.e. they got a 1/4th share each. So mother cannot give 1/3rd the property to her middle daughter. The daughter F has a 1/4th share, and the legal heirs of the remaining daughters have rights over the share of her mothers.

T. Kalaiselvan, Advocate (Advocate) 23 September 2025

The legal heirs of A and B are entirled to their respective share out of their parents property.

If one of the legal heirs has died then their share in the property shall devolve upon their own legal heirs.

In fact the daughter who got a share during the lifetime of her mother is also entitled to a share in the other properties left behind by her parents upon their intestate death.