Legal right in Immovable property
B.Chakrapani Warrier
(Querist) 14 July 2011
This query is : Resolved
Mr A, Hindu ,died intestate leaving an inherited immovable property. He is survived by his wife, Ms. B and two major son's, viz., Mr.C and Mr.D. Mr.C is married and have a son. Mr. D expired leaving behind his divorced wife and a major son. How the right of the parties are to be determined. Request to give your considered answer.
Krishnamurthy Ramdas Iyer
(Expert) 14 July 2011
Sucession certificate will have to be obtained.
Rights determined by Indian Succession Act.
R.Ramachandran
(Expert) 14 July 2011
Dear Mr. Chakrapani,
The property left behind by the Hindu male intestate, would go by way of inheritance in terms of Section 8 of the Hindu Succession Act, 1956.
The property will go equally to the Class-I heirs.
The Class-I heirs in the case presented by you are: Mother of the deceased (if she is alive), Widow-B, Son "C", son of the pre-deceased son D, widow of a pre-deceased son (i.e. D's widow).
Thus all the 5 persons (mother, widow, son, grandson and son's widow) will get 1/5th share each. In case mother is not alive, then all of them will get 1/4th share.
The son of "C" will not get anything from the property when "C" himself is present.
Pl. feel free to get in touch with in case you need any more clarification.
Regards.
prabhakar singh
(Expert) 15 July 2011
"Mr A, Hindu ,died intestate leaving an inherited immovable property."
here you leave room to speculate if it was of grand father then to father of A and then to A???
as pointed out rightly by Expert R.Ramachandran ,Section 8 of the Hindu Succession Act, 1956 does govern your case.
But you write "He(A) is survived by his wife, Ms. B and two major son's, viz., Mr.C and Mr.D.>>>>>>>>>>> Mr. D expired leaving behind his divorced wife and a major son"
If such is the case it is a case of 1/3 to B,1/3to C,and 1/3 to son of D,since Ds'wife is 'divorced' she is not entitled to any share,is my opinion.
To add further, no succession can be issued u/Indian succession act for immovable property.
R.Ramachandran
(Expert) 15 July 2011
Yes, thanks Mr. Prabhakar for pointing out. I missed out the point that D's wife was divorced. Therefore she is not a legal heir, but the major son of the deceased is a legal heir.
