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Upesh Jain   17 August 2021

Right of daughter in mother's property after signing release deed of father property.

Mr. X is died without making Will and having living wife, 2 daughter and 1 son.

After his death property is distributed among 4 in equal portion.

If 2 daughter signs release deed in favour of Son of Mr. X (brother of daughter) for there inheritance share received after death of Father.

Wife of Mr. X has not signed release deed for his share in property of 1/4 percentage.

So, If Wife of Mr.X dies without any will than how property of Wife will be distributed ? It is will be divided in 3 parts between one sone and two daughter or entire share of wife of mr. x will be received by her Son. As daughter have signed release deed for inheritance of property from death of Mr. X


Note: Mr. X has also received property in ancestors.


Learning

 3 Replies

Dr J C Vashista (Advocate)     18 August 2021

Despite the fact you have made mess of the facts and circumstances posted in the query even than you are right as the intestate property left behind by widow shall devolve equally (1/3rd each) between the siblings. 

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Advocate Bhartesh goyal (advocate)     18 August 2021

Daughters are entitled to get equal share as brother from their mothers I/4 share which she received from her husband in inheritance.

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P. Venu (Advocate)     18 August 2021

Yes, the release applies only in respect of the property inherited from the father. The mother's property would devolve equally upon all the legal heirs,

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