partions
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
i am Hindu my parents having both self earned and ancestral proprieties.we have three brothers.All are married.
one of my brothers is mentally ill for-long time and suddenly died leaving his wife as widow(no issue).My parents are also alive.
now widow daughter in law can claim portion after death-of my parents.But my brother is mentally ill.
pl give suggestions
virender
(Expert) 24 June 2011
than his wife is entitle to all the share of her husband is entitle to if his parents leave after there death just like any other son. it does not matter that he is mentally ill.
Kiran Kumar
(Expert) 25 June 2011
the wife is entitled to the share of her husband as he would have got prior to death.
your brother's mental illness is no hindrance to her claim.
better honor her claim, need not to go into litigation on this issue.
R.Ramachandran
(Expert) 25 June 2011
The answer is only in regard to Ancestral Properties and not with regard to self-earned properties.
Immediately upon the death of a coparcenar (in this case the mentally ill son), the ancestral property will get partitioned due to operation of law. (Section 6 of the Hindu Succession Act, 1956).
Such a partition will take place immediately, and not after the death of your parents (as is being thought or being suggested by you.). It is only in the case of personal (i.e. self-earned) properties of your parents that the inheritance will take place after their death. But that is not the case in respect of Ancestral properties. In respect of ancestral properties, the partition takes place, as already stated herein above, immediately upon the death of a coparcener.
Once such a partition is done, then the portion of the property that falls to the share of the deceased will go by way of will (if any left by him) or by way of inheritance amongst his legal heirs.
In this case, since the deceased person does not appear to have left any will, his share will be inherited by his widow.
Querist :
Anonymous
(Querist) 25 June 2011
mentally instance personae inheritance is stopped according Indian Succession act(98).
R.Ramachandran
(Expert) 26 June 2011
Yes. It has happened to me many times. Whenever I tried to see benefit only for me and not for others, I tend to look at things which appears to be favourable to me. I do not what happens at those moments and I also do not know why I do it. But I must admit it has happened to me several times.
Probably that is the same in your case too. I remember you asked your original query by saying that "I am Hindu". Probably in your anxiety, you forgot to notice that Part-V of the Indian Succession Act does not apply to Hindus.
Section 29, which falls under Part-V states as under:
29. Application of Part.- (1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
(2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of India in all cases of intestacy.
In any case, it is not the intestate property in your case. It is partition of ancestral property. For that reason also, the Indian Succession Act has no application to your fact situation.
