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Pinto (HR Mng)     26 September 2013

House property dividing in case of death without a will

Hello,


I wanted to know how will the property divided in case a father passes away without a will in Maharashtra.

He has 3 sons and 2 daughters + wife.

2 sons and 1 daughter are from previous wife who has passed away and 1 son and 1 daughter is from current wife.

Father has bought the property himself and has not been passes down in family line.

He has died without a will but the property has been transferred to houses to wife which is alive.

MY questions

1. How will the property be divided now in case it has to?

2. If nominations are done with the Society will they be given preference or will the property be divided from scratch?

3. If the property is never sold and the mother dies and she has a WILL will the above property passes to her from the husband currently be divided as per her WILL then?

4. If any of the sons or daughter pass away will their children have a Birth right then on the property or does the parties reduce in that case?

 

Please let me know in case of any further information required.

House is in a CO Op HSG Soc.

Thanks a lot in advance.



Learning

 3 Replies

Pinto (HR Mng)     27 September 2013

Someone please help....!!

Namita Agarwal (---)     28 September 2013

The property will be equally divided between all the children and one wife.  Each person is entitled to 1/6th share.

Nomination is society is done only for the purpose of dealing with the society.  The nominated person cannot claim the property.  All the legal heirs have a share in it.

The wife can make her Will only with respect to 1/6th property that she inherits from her husband.

If any son or daughter pass away – the son or daughter has already inherited his/her respective 1/6 th share.  This 1/6th share will devolve upon the legal heirs of such son or daughter who passes away.

Pinto (HR Mng)     03 October 2013

One of the sons we legally removed from the property share.

Father declared in the paper 2 decades back that he doesn't want to keep an relation with him and he is not a part of the family anymore legally.

Is he excluded legally in that case (Newspaper copy preserved)

Basically i am concerned as most of the heirs are fraud except for mother and a daughter so is there any way to save the property from dividing.

Thanks a lot...!!


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