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S C KHOSLA (Ex - Scientist `F`)     01 December 2024

Distribution of property among family members in intestate case

Mr X and his wife left for heavenly abode without leaving any will. They owned a house plus some land in front and backside of house (say - H) . The above house property exists at Kanpur (U.P). Mr X have 3 sons - eldest -Mr V, Middle - Mr S and youngest - Mr C. Now the present family comprises of following 

  1. Mr V is no longer in this world . He left his wife and one daughter (married and settled outside India) . Mr V s wife stays in above house H.

     2. Mr S and his wife are presently settled in Delhi NCR. They have one son and one daughter. Son is married and lives in Delhi NCR. Daughter is married and lives in Delhi NCR.

     3. Mr C is no longer in this world. He leaves behind his wife , 1 daughter and 2 sons . The eldest is daughter married and lives in U.P. The elder son is married and lives in Delhi NCR. The younger son is married and lives in Kanpur . All 3 stays together in house -H.

How the above property can be distributed in a fair manner. The Name /title of the property -H needs to be changed before sale.

How proceeds of the property is to be shared between Mr S , Mr V s widow and Mr C s widow. 

a) Do Mr X - 2 daughter in laws (widows now) get any share.

b) Do married 3 grand daughters of Mr X are entitled to get any share. 

c) Do Mr X  one son - Mr S - and wife , 1 son(grandson of Mr X) and 1 daughter(grand daughter of Mr X) get how much share.

d) Do Mr X younger son - Mr C s family comprising wife (daughter in law of Mr X) and one daughter(grand daughter of Mr X) 2 married sons(grand sons of Mr X) get how much share.

Kindly advice as per Hindu Succession Act 1956 and The transfer of Property Act 1882 with any rules regulations existing in the state of (U.P).

Mr S Proposed that title of the property to be transferred to Mr S name singly with NOC from other stake holders . The sale proceeds to be distrubuted equally among 3  ie Mr S , Mrs V  and Mrs C . Advance  property deed can be signed among for increasing trust. 



Learning

 6 Replies

Dr. J C Vashista (Advocate )     01 December 2024

The property shall devolve equally upon 3 brothers or their surviving legal representatives despite the fact that any / either of them reside in Kanpur or not (in or outside the inherited property).

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 December 2024

The property left behind by X upon his intestate death shall devolve equally among his three children,  in the absence of any son then his share will devolve on his own legal heirs. 

If all the three families agree for partition or family settlement on mutually agreed conditions,  a registered deed can be drawn accordingly as per the conditions accepted by the members of all the family members. 

Please note that the surviving son need not include his family members into this settlement deed and his consent and signature alone is sufficient. 

S C KHOSLA (Ex - Scientist `F`)     02 December 2024

Thanks for replying. Please let me  know how many names can be there in mutation form for change of name in ownership

i) Mr S desires 3 names - Mr S, Mrs V and Mrs C so that property proceeds can be equally distributed among 3 brothers / their families.

ii) Mrs C proposed 5 names - Mrs C + her 2 sons , Mrs V and Mr S in the name change document saying this is being done as per land revenue office needs ie bhunaksha Kanpur. But if this is done than Mrs C share increases to 3/5 .

Is the above change will increase her share when property will be sold.

iii) who is correct Mr S or Mrs C

Kindly clarify 

Dr. J C Vashista (Advocate )     02 December 2024

@ Sc -Khosla, 

 

we have already advised you concept of the subject matter 

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

The position of law has been explained and the steps to be taken also has been advised, despite that you are raising fancy questions at your will which are neither mainainable in law or in practice. 

P. Venu (Advocate)     03 December 2024

On the death of the parents, the property has devolved upon all the children (including daughters) In case any of them have expired the property vests with legal heirs. The proper procedure is in executing the partition deed and carrying out the mutation in revenue records thereafter. Mere mutation in the revenue records do not create or extinguish rights and interests in property.


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