Rama 31 December 2018

Minor property and share percentage

Father's property to be sold.His legal heirs are 2 sons,daughter,mother. First son died and his legal heirs are his wife , 8 years old son and his mother.But Mother too expired. However she was in the legal heir certificate. In what percentage the property will be divided. How much percentage will the deceased wife and his son will get? If the deceased son self earned property is there , will the mother's legal heirs are eligible for that property.

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Shashi Dhara 31 December 2018

If the property is self acquired of father then all of them will get equal share two sons daughter and mother equally i.e 1/4each.the deceased son wife and son inherit1/4thwhichis divided I .e 1/8ithe mother died intestate it will be inherited by her deceased sons lrs I e two sons including deceased sons lr and daughters.1/12theach

P. Venu (Advocate) 01 January 2019

All the siblings would get equal share if the Mother had died intestate. Hence the family of the deceased son would inherit 1/3rd of the property, of course, if they are Hindus..

Rama 02 January 2019

Thanks for your reply.

I have the following queries too..

1.What is the procedure of the deceased wife to sale the property.Do she has to submit a petition to court or any other procedure.

Please explain.

2.One of the advocate refered by the living son stating that the family tree has to be considered for dividing share.

Hence the deceased son share will be further shared by his legal heirs ie ( deceased mother, minor child and his wife - mother died after the death of the son) and again the deceased mother share will be divided by her living son , daughter and deceased son.In such condition, the share wont be equal and the deceased family will be getting share lesser than the other son and daughter.Please tell me whether this is right or not?

The family belongs to hindu community for reference.The advocate stating some hindu act for reference.

3.He also states that even the deceased son hold a self earned property, still it has to be shared by his living son and daughter as their mother is legal heir.Request you to explain in detail and clarify our doubts.

P. Venu (Advocate) 02 January 2019

What is the real issue? Please do not set question paper.

Rama 02 January 2019

Real issue : The living son /daughter advocate stating that the share wont be equal and based on family tree , the deceased family will get less than other son/daughter.

Rama 02 January 2019

Real issue : The living son /daughter advocate stating that the share wont be equal and based on family tree , the deceased family will get less than other son/daughter.