Person died without a will - mother still alive and part in property demanded by hairs
Parthiv Pathak
(Querist) 24 April 2013
This query is : Resolved
Dear Sir,
My query is one of my relatives father died without making a will. He was a Christian by cast. He survived by his wife and son and a daughter. My query is after his death whom the property belongs where there is no WILL created by the deceased.
Further, will the property be automatically transferred to his wife who is still living. If son of the deceased wants his share, is he entitled to for it especially when the mother (wife of the deceased)is still living?
Under this situation what should be the solution if hairs of the deceased wants their part of property. Is it possible especially when the mother is still alive as aforesaid.
Can the partition be done with mother's consent? Is there any other alternate like succession certificate or the like? Please advice as my relative is not economically very sound and they want to settle the issue in a very simple way. Please show us a way out.. Thanks, Parthiv
M.Sheik Mohammed Ali
(Expert) 24 April 2013
all the legal heirs have right to share, best way partition is best.
Anirudh
(Expert) 24 April 2013
In the instant case, the widow will will get one third share in the properties left behind by her husband, and two-thirds goes to the children, which has to be shared amongst them equally.
In case any of the children demand their share, then there is no other go than to partition the property. If the property is not capable of being partitioned, then in that event, the same has to be sold and the sale proceeds has to be divided as indicated above.
Parthiv Pathak
(Querist) 24 April 2013
Thank you to all respected experts for our valuable support. My only worry is if the widow (deceased persons wife/mother of hairs) oppose to partition can she do that?? Further , partition is the only way or apart from partition is there any other way out?? Pls advise. Parthiv
Raj Kumar Makkad
(Expert) 24 April 2013
The resistance of either of the joint-holders shall not come in the way. Any co-sharer can demand partition of his share and the property shall definitely get partitioned in that event.
If children have to get their separate share in legal way then partition is the only option otherwise they can mutually make an understanding and may continue residing till the actual partition in papers takes place.
prabhakar singh
(Expert) 24 April 2013
Mr.Anirudh has already and rightly told you about the shares that legally devolved on widow and son and daughter.
Trio being co-sharers can mutually even orally divide their separate shares by partition.
And after having acted upon the oral partition a memorandum thereof can be prepared and signed of which no registration would be required and it would be best way to go for more particularly when you said"relative is not economically very sound and they want to settle the issue in a very simple way".
THEN IT IS MOST SIMPLE AND INEXPENSIVE PEACEFUL WAY OF PARTITION and is allowed to all, rich or poor, no matter.
Parthiv Pathak
(Querist) 25 April 2013
Thank you all for your valuable support and guidance. You all experts have guided me in such a nice way..!! Once again many thanks.Parthiv
