Sharing of property after death of the houselord
Kalyan Ghosh
(Querist) 14 August 2015
This query is : Resolved
An old man has died leaving behind his wife,3 established sons and 2 married daughters.He had made no will,although he had huge property.Now the mother has some leaning towards the youngest son,somewhat less liberal to second one and least inclination for the 3rd one.The daughters have however expressed that they have no claim to the property The question is whether the mother can distribute the property in an uneven manner or everything will have to be distributed equally amongst 4 ie mother and 3 sons,considering daughters have no claim whatsoever.Please advise what the law permits.With thanks.
Kumar Doab
(Expert) 14 August 2015
The inheritance shall be decided in accordance with personal law applicable to deceased owner; eg; Hindu,Muslim etc! What is the personal faith of deceased?
The succession opens on date/month/year of death! The provisions of law applicable on opening of succession shall also be a deciding factor. On which date/month/year succession has opened?
Anyone including daughters can decide to relinquish his/her share. However the deed should be registered.
Hemant Agarwal
(Expert) 14 August 2015
1. The Mother has no legal jurisdiction to even consider distribution of property of the deceased-husband.
2. "everything will have to be distributed equally amongst 4 ie mother and 3 sons" AFTER following due procedure of law. Subsequently the sisters may relinquish or gift their ratio of property to whomsoever they may desire.
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Rajendra K Goyal
(Expert) 14 August 2015
The property would be distributed among all the legal heirs excluding those who have preferred to relinquish their rights through a registered relinquishment deed.
Mother can not do un-equal distribution of whole property. She can gift / will/ sell her own share to any person including her son.
