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POOJA (ARTICLE ASSISTANT)     27 June 2021

succession certificate

howmany parts will be made if deceased died intested, having class 1 legal heir: mother, wife , 3 children and class 2 legal heir: 3 siblings


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 7 Replies

Advocate Bhartesh goyal (advocate)     27 June 2021

Only deceased wife,mother and three children ( class 1 Legal heirs ) are entitled to get his property in equal parts I.e each one will get 1/5share.

1 Like

POOJA (ARTICLE ASSISTANT)     27 June 2021

suppose 3 children waive their rights for wife of deceased only. then It will be only passed on to wife of deceased or mother of deceased will also get the share out of children of deceased??

G.L.N. Prasad (Retired employee.)     27 June 2021

The query titled "Succession Certificate" has nothing to do with content.

The legal heirs must enter into a family settlement deed and those who wish to relinquish their share must state the same in the deed.

The children, mother, and wife get equal shares.  If any one of the children are not living, his share must go to his legal heirs .(his mother, wife, and children)

Contact a local advocate and get the family settlement deed drafted and get the deed registered.

P. Venu (Advocate)     27 June 2021

Please post real time query, if any. Kindly avoid riddles.

POOJA (ARTICLE ASSISTANT)     27 June 2021

dear sir what do mean by realtime query? please elaborate.

Dr J C Vashista (Advocate)     27 June 2021

The property shall devolve equally as 1/5th share of mother, wife and children.

The children may relinquish their 3/5th share (1/5+1/5+1/5) in favour of their mother then she (wife of deceased) shall own 4/5th share of the property and 1/5th share shall be with mother of deceased.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

The proeprty left behind by the deceased property owner shall devolve equally on all his class I legal heirs consisting his mother, wife and children.

If the three children relinquish their rights in the property then their share of property will devolve on the remaining shareholders consisting wife and mother of the deceased.

In that case the property shall be partitioned into two equal parts. 

The above is the legal position, however if the mother and the wife are entering into an understanding on a mutually agreed condition then the partition can be amicably made as per their mutually agreed conditions.


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