Ancestral property
AJOHN
(Querist) 04 June 2012
This query is : Resolved
We have an ancestral property. Two brother and 1 sister. All expired. Leaving behind 2nd brother's wife and 3 daughters & Sister's one son and 3 daughters. 2nd brother's wife want her share in property. Pls tell how much share she will get from property and her 3 daughters. How much expired sister's 4 children will get.
ajay sethi
(Expert) 04 June 2012
what basis you say that property is ancestral? are you a hindu or christain?
did the brothers and sister leave bhind any wills ? please clarify?
was one brother a bachelor?
AJOHN
(Querist) 04 June 2012
I am a Christian. Elder brother and fly all died one after another. No will was made by anybody.
ajay sethi
(Expert) 04 June 2012
what basis you say property was ancestral? was it your grand father self acquired property? or he inherited it from ancestors
AJOHN
(Querist) 04 June 2012
The property belonged to their parents of 2 brother and 1 sister. Hence it is ancestral.
AJOHN
(Querist) 04 June 2012
grandfather
ajay sethi
(Expert) 04 June 2012
The Christian law of inheritance is governed by Indian Succession Act 1925
it is not ancestral propety . it is self acquired property of parents . on detah of parents property would be inherited by the legal heirs 2 brothers and one sister . in other words 3 shares of property .
brother wife and her children will inherit his share . similarly sister 3 children will inherit her share .
the elder brother share will go the family of his younger brother and sister
AJOHN
(Querist) 04 June 2012
The property was in the name of the parents of 2 brother and 1 sister who expired. They are our grandparents.
Elder brother expired alongwith fly leaving behind the property under the care of his expired second brother's wife who has 3 daughters. I am one of the daughter. My mother want her share in property through distribution. How much is she entitled. How much we 3 daughters will get. The expired sister's 4 children makes no claim over the same. Should their share be kept aside because of no claim. Distribution to be made between our mother and 3 daughters and what is the ratio. pls help.
AJOHN
(Querist) 04 June 2012
Dear Mr. Sethi,
Thanks for your prompt reply. I am grateful to you.
Pls tell proportion of share between (existing) wife i.e.our mother (we) 3 daughters and 4 children of expired sister (if they claim in future) The property is based at Goa. No written will /nothing made by the dead.
R.K Nanda
(Expert) 04 June 2012
No more to add.
Sankaranarayanan
(Expert) 04 June 2012
Mr sethi almost spent his valuable timew for you query. I do agree with him
Adv. Chandrasekhar
(Expert) 05 June 2012
Brother 1 (B1), Brother 2(B2) and sister (s) will get one share each of the entire property. As the B1 expired without having wife and children, his share will fall upon B2 and S. That means half of the share will be to B2 and S. B2 and S expired. B2 has wife and 3 daughters and those four will have equal share of half of the property. That comes to 1/8th share of the whole property. S has four children and they will have equal shares of 1/2 of the whole property, i.e.,1/8th share. That means every member will get 1/8th share of the whole property. This is what I have understood out of Mr. Sethi's response.
