Share in the ancestral property
Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
My father died without leaving any will and we brothers & sisters intend selling out the the ancestral landed property that was on his name. We had a sister who died issueless and her husband remarried and has an issue from his second marriage.
A)Is it necessary to include his name as one of the successors in the succession certificate?
B)Is he entitled for the share from the sale of the property?
prabhakar singh
(Expert) 31 October 2011
First of all i view that you do not need any succession certificate,which is well known to all of my ld. brothers preceding to me,yet they opine so why is unknown to me.
Next point is that if your father was exclusive owner of the properties by his self acquisition or he inherited his fathers'self acquired properties,and if he died intestate without testating any will[and i beilive he was hindu from style of your narration] then all his sons daughters and his widow and his mother[if survived him]shall be his heir to inherit simultaneously and equally.
If one of your sister has prdeceased living behind husband ,then in absence of her sons and daughters her husband would be deemed to be her heir the effect of his second marriage would debar him from succession or not can not besaid in such a confirmed manner as has been expressed by brethren.
