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Gokul kumar (l)     26 December 2010

Who are legal heirs

History of doubt:

Person A has got a wife a son and two daughters. Son is married has a wife and a girl. Daughters are also married and have kids.

Person A and son died.

Question 1)

If properties are in the name of A after he dies,legal heirs are his wife,son ( as he also  died his wife and daughter will become legal heirs),  two daughters. If the wife of A wants to give her share to two daughters and writes a will before partition of properties will it be valid will???
 or will both the daughters by default will become legal heir of their shares as well as their mothers share??

Will wife & daughter  of son get shares of A's wife  after A's wife dies??

 

2)

If properties are in the name of son legal heirs are his wife,daughter  and his mother. If the mother wants to give her share to two daughters and writes a will before partition of properties will it be valid will???
 or will both the daughters by default will become legal heir of their mothers share??

Will wife & daughter of son get share from son's mother after she  dies??



Learning

 22 Replies

Suchitra. S (Advocate)     27 December 2010

Sir, I presume the family is a Hindu family.

1. In the absence of a will by the deceased, both his self earned property and the ancestral property should be distributed equally among his wife, son and daughters. 

So, his wife can, by will give away her share to anybody she wishes to. This will is valid one even before partition.

Here, the legal heirs of the deceased are his wife, son, and daughters. So, each one will have their share in the property by default. 

After A's wife's demise, her property will be divided among her legal heirs, i.e, her son and daughters in the absence of her husband. 

2. In this scenario, a son can have property in his name only if father has made a will to that effect  of his self earned property. In father's self earned property, his wife, son and daughters will have a share and so, cannot be given through a will. 

If the son gets property through will, then his mother and sisters will not have any share in that property. But his wife, and daughter will have their share. 

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 December 2010

1) the share of the predeceased son will be inherited by his legal heirs

2 no share can be allotted

adv. rajeev ( rajoo ) (practicing advocate)     27 December 2010

Notional partition has to apply:


A's legal heirs are  : his wife, son, and two daughters = everybody has got 1/4th share

A's son is also no more : then legal heirs are wife, mother and his children.

                                              in the 1/4th share of the A his legal heirs will get each shae.

1 Like

(Guest)

indian succession act applies

raghavendra (employeee)     29 December 2010

if  it is an ancesteral property , how extent mother has  right  over this  property ?

what is the meaning  of revertionary  right ?

kranthi (retainer advocate)     30 December 2010

I will agree with the suchitra madam opinion

Sangeetha (.)     17 June 2011

Sir

I am from a Hindu family

My mother and father died in a accident

The property is in the name of my father ( not a heritage property) .

Myself , My brother and my grandma ( fathers mothers) are listed in legal hier .

I am married and having a kid

Here are my doubts :

1.Can my grandma write a Will to give her share to my brother ( beign a legal hier only ) ? (The property is bought by my father only .

2. As my brother is a fraudlent person , can he sell the property without my consent .


Request your kind reply

Regards
R.Sangeetha

Gokul kumar (l)     19 June 2011

Sangeetha being your family a Hindu family..

Grandma can write her share by will to any one as she wishes to.If she writes wil on your brother name after she passes away your brother will have rights for both his share as well as your grandma's share. But your share will remain uneffected.

SIVAKUMAR (sr.sys.exe)     09 August 2011

Hello,

     One of My friends mother and father both died recently without a will. My friend is having a younger sister got married and having kid well settled and grand mother(father's mother). My questions are as follows

1) My friend applied for Legal Heir - his name along with sister and mother are named legal heirs is it correct?

2) if my friends grandma needs to write her share on my friends name can she write her share as settlement to my friend.

3) what action can be taken against my friend's sister if she wantedly giving disturbance to my friend on demanding 1/2 share which she will not legally get if 2nd questions answered in favour to my friend, though my friend agreed to give the amount to his sister for 1/3 share which she holds?

4) What kind of valuation will be done(Note book value or Market value) if my friends sister agrees for settlement for her share?

raj kumar ji (LAW STUDENT )     11 August 2011

APPLY INDIAN SUCCESSION ACT .

Nitin (Manager)     06 December 2011

Sir,

My Grandfather's ancestral property(land) was dived among his two sons(my father and my uncle) when he was alive in 1997.They were three children(My dad,my uncle and my aunt). At the time of partition my aunt was given some cash and the sons were distributed the land.There is no legal proof that my Aunt was given the cash at that time. My grand father passed away in the year 1999. By that time my uncle has built a house in his portion of land.

My father passed away in 2005 and there was no will written either by my father or grand father. My mother has invested all her saving in that land(my father's portion) and built a house.Considering the 2005 property amendment act

1. Who would be the legal heirs of the property now(my grand mother is alive).I have a sister as well.

2. Would my aunt still go ahead and claim her share.(The land distribution already happened before 2005 in between my father and uncle).

Please help me out with this.

regards

nitin

Ankit @mka.asr (Prop)     04 May 2012

 

Dear Sir,
I am facing case in Highcourt for compensation under Motor Vehicle ACT.session court has awarded Rs 2.5 lacs already and i have appealed against the decision. Latest devalopment is that after session court's decision lady is expired due to natural death.She was widow and has no son and daughter.if Highcourt retain the decision of session court and ask me to pay compensation then to whom i have to pay compensation as lady is died already with no legal heirs.beside husband,real son and daughters who can claim compensation from family?

TARUN K SAMANTRAY (LAWER)     27 August 2012

Dear Experts
R is the son of BS and BS is the son of BH,where in both BH and BS are dead leaving behind R and other children.Now the case is like there is no single doc support with R to claim him as legal heir of BS caz R has no docs with him as proof due to so many reasons like he was small BS and BH died and after that R was not well and all docs lost somewhere.In that case how R can get legal heir certificate and what ids the process for the same and under what act the case falls in also who will issue him the certificate.
All seniors and experts requested to give inputs and legal suggestions.
Thanks Tarun 

Puneet Bansal (CA)     18 December 2012

Hi,

 

I am from Hindu family. My Mother died several years back and my father re-married and got another son.

There is a property on my father's name which is does not want to give to me (eldest son), I am 25 year old now.

My question -

1. Is there any law that forces father to give a share to his eldest son?

2. As my mother died and father re-married and wants to make second mother and step brother as legal heir, so is there any law that forces to consider me as hier?


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