PROPERTY IN MALWAN , SIDHIDURG ,MAHARASHTRA , INDIA
Guest
(Querist) 11 January 2011
This query is : Resolved
MR.P HAS PURCHASED A HOUSE . MR. P HAS 3 SONS NAMELY A , B ,C . ALL OF THEM ARE MARRIED . MR.A HAS 1 DAUGHTER SAY ASHA.
MR.B HAS 2 SONS & 2 DAUGHTERS NAMELY RAM , LAXMAN , SITA ,GITA . MR.C HAS 3 SONS NAMELY LALIT , AJIT , AMIT . MR.P DIES WITHOUT MAKING A WILL . AFTER SOME MONTHS, MR.A ALSO DIES.
AFTER SOME MONTHS , MR.B ALSO DIES . AFTER SOME MONTHS , MR. C & HIS WIFE ALSO DIES . MR. A's WIFE TRANSFERS 1/3rd PROPERTY TO HER DAUGHTER - ASHA WITH THE CONSENT OF B'S CHILDREN & B'S WIFE . AFTER SOME MONTHS , A'S WIFE DIES .
NO WILL IS MADE .
NOW SITA IS MARRIED & HAS 3 SONS .
GITA IS ALSO MARRIED AND HAS 1 SON & 1 DAUGHTER .
RAM HAS 2 DAUGHTERS .
LAXMAN HAS 2 DAUGHTERS & 1 SON .
RAM , LAXMAN , SITA , GITA AND ASHA LOOKS AFTER THE HOUSE FOR GENERATIONS . NEITHER LALIT ,AMIT NOR AJIT NEVER VISITS THE HOUSE.
AFTER MANY YEARS, MR. B'S WIFE DIES. NOW LALIT SUDDENLY COMES BACK .
HE HAS 1 SON .
AMIT HAS 1 SON .
AJIT IS ALSO MARRIED NOW .
I WANT TO KNOW THAT WHETHER LALIT ,AMIT AND AJIT ARE SUPPOSED TO GET THE PROPERTY OR NOT . IF YES WHY AND HOW???
I WANT TO KNOW WHETHER RAM , LAXMAN ,SITA, GITA & ASHA WILL BECOME OWNERS OF THAT PROPERTY AS ONLY THEY LOOKED AFTER THE PROPERTY .
I ALSO WANT TO KNOW ABOUT MEANING OF SELF-ACQUIRED PROPERTY , ANCESTRAL PROPERTY AND ALSO ABOUT INHERITED PROPERTY.
PLEASE GUIDE ME (BEFORE THE HOUSE FALLS).
R.Ramachandran
(Expert) 11 January 2011
It is not the question who looked after the house and for how long etc. etc.
Upon the death of Mr. P intestate (without leaving any Will), all his legal heirs i.e. his widow, and three sons A,B,C would get the property in equal share i.e. 1/4th each.
Before the property is partitioned, if P's wife had also died intestate (without leaving any Will), the entire property can be divided in equal share of 1/3rd each to A,B and C.
The 1/3rd share of A,B and C will be divided equally between their respective son(s) and daughter(s).
Kirti Kar Tripathi
(Expert) 11 January 2011
I agree with Mr. Ramachandran. The property will devolve to the heirs according to the law of succession not on the basis of who looked after the same. In the present case, parties are Hindu and they will govern by the Hindu Succession Act. In the present case, the property belongs to P after his demise it will go to his legal heirs i.e.A , B ,C all these person will have 1/3 share respectively. After death of A, his share will go to his wife and Asha. Share of B will equally divided amongst his wife and RAM , LAXMAN , SITA ,GITA and C share will equally divided amongst LALIT , AJIT , AMIT. All sons and daughters of these person are coparceners as such all have their share in the property and claim the same.
