How do divide assests between one married daughter in usa & 4 married sons in india in my lastwill ?
Tipsy
(Querist) 21 March 2013
This query is : Resolved
I have lost my husband CD,and have one married daughter EF and married four sons GH , HI , KL and MN who will be entitled to succeed to my properties under law in the normal course. But my daughter is married and they are living separately with their husbands. They have been properly and well provided for during their marriage. They are therefore not given any share in my properties under this will, what is normal ratio given to daughter and 4 sons in a will ?
Raj Kumar Makkad
(Expert) 21 March 2013
After death of your husband, you have become co-sharer to the extent of 1/6th share and similar share shall go in favour of all your sons and daughters in their individual capacity. If your mother in law is alive then she shall also be entitled to have equal share with every individual as mentioned above and in that case the property shall be divided in 7 equal shares.
Now you can make will of your share (may be 1/6th or 1/7th as the case may be) as per your whims and wishes.
prabhakar singh
(Expert) 21 March 2013
Your husband left any Will or died intestate.?
If died intestate then each one among you have to get 1/6.
In case your husband's mother has also survived him then unit shall get divided in
7 equal part of which 1/7 shall be inherited by each of you.
So it is either 1/6 or 1/7(in case your mother in law is alive)that you have inherited about which you can make sale gift or will what soever you desire in favor of any body of your choice.
In case you are going to make a will discording your daughter,recitals should be there to explain as to why are you discording her,as you have stated here.
ajay sethi
(Expert) 21 March 2013
agree with experts
Devajyoti Barman
(Expert) 21 March 2013
In Will the testator is free to distribute the property among his legal heirs as per his wish and whims nly. There is no legal rule or bar in it.
