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Die without will

(Querist) 04 November 2015 This query is : Resolved 
Sir,

If a lady die without executing any will or without appoint any legal heirs. how can it be divided her property to her husband and her children ?

Is it any possibility that in future any third party can claim their right in her property ?

____
Thanks & Regards
Gaurav
Anirudh (Expert) 04 November 2015
Which Third party you have in mind?
Gaurav Gujrati (Querist) 04 November 2015
Third party like if she must have appointed any person which her husband and her children dont know in that case what happn ?
Kumar Doab (Expert) 04 November 2015
It is believed that you are referring to a hindu female. If the lady is owner of the property and has died without leaving a valid WILL or mortgaging the property or disposing it by sale/gift deed etc............then, her legal heirs shall inherit the property.



You may determine the property in question was self acquired/acquired from her husband/parents...........?


Anirudh (Expert) 04 November 2015
IF there is any valid WILL, and if that person who is having the WILL comes then there will definitely be question about the property. Even there one can challenge the WILL on various grounds.

Otherwise, the property will go equally to her husband, son(s) and daughter(s).
Rajendra K Goyal (Expert) 04 November 2015
The property would go to her legal heirs, they should proceed to get the property mutated in records.

Any counter claim can be dealt on merits.
R.K Nanda (Expert) 04 November 2015
state real facts, if any.
Sudhir Kumar, Advocate (Expert) 05 November 2015
come with facts.


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