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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. 



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