Narayanan
(Querist) 25 April 2011
This query is : Resolved
Mother dies intestate leaving behind 6 Legal Heirs. Of the 6 legal heirs, one daughter dies leaving behind her husband and 2 minor children - but the legal heir certificate states that daughters legal heirs are husband and two minor sons. Does the daughters husband becomes the legal heir for the mothers property if sold ?
M/s. Y-not legal services
(Expert) 25 April 2011
Yes.. As per hindu law the husband is one of the legal heir to the deceased lady.. He is entitled to 1/3 of the share.
R.Ramachandran
(Expert) 25 April 2011
Dear Mr. Narayanan, First the property has to be divided into six equal shares and distributed amongst the six legal heirs. The 1/6th portion marked to the deceased daughter, will go in equal measure amongst her legal heirs viz., two minor sons and her husband.
Guest
(Expert) 27 April 2011
Yes, daughter's husband alongwith her two sons, as her legal heirs, are entitled to the sale proceeds of 1/6th part of the property on behalf of the daughter.
Govind
(Expert) 30 April 2011
Daughter's Husband and her two children (all 3) have just 1/6 share in the total property. The daughter's husband and her two children (all 3) have right to claim compensation in the sold property against his share (all 3 have 1/6 share)
Sri Vijayan.A
(Expert) 01 May 2011
Mr.RR has clearly explained the legal position of the heirs
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