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Arun   23 April 2022

Property dividing in family

family with one girl baby and one boy babh.when a dad owns property and has some capital amount in a firm . after he decease without righting wil . how the property and capital amt will be divided without wil?


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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 April 2022

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

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Advocate Bhartesh goyal (advocate)     23 April 2022

Yes ,if  deceased  died intestate then his property rights shall be devolved to his legal heirs ( wife,mother son and daghter ) equally.

G.L.N. Prasad (Retired employee.)     24 April 2022

Contact nearest relives and take the guidance of a local advocate to record the settlement through a valid deed and if they are minors, let trustees stated in the deed take care with such duties assigned periodical meetings, and process through which assets as shown in schedule be handed over after attaining majority.  Mention specific clause on dispute redressal.

Dr J C Vashista (Advocate)     24 April 2022

The property shall devolve upon surviving members (legal representatives) of the deceased as per his personal (Hindu/ Muslim/ Christian) laws.

You have posted the facts like giving an examination, consult a local prudent lawyer if the story is true and you are concerned.

Tousif Shaikh   19 May 2022

Hindu property have legal heirs such as Mother, Wife, Son, Daughter who can have equal share.
if the mother is no more then share comes to rest of the heirs.

In Muslim Property legal heirs are Wife with 2/16 parts of shares, Daughter have shares from 14/16 parts equals to 1/2 of what a son acquires. Means if you have 10 bighas land then Wife will get 1 25 bighas, 1 son will get 5.83 bighas and 1 daughter will get 2.92 bighas respectively.

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