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NAGARAJ (CS)     09 June 2023

mother share in partition

A father and B mother had 2 sons ie.C AND D...
.A father died leaves behind WIFE.B...CHIKDRESNS C AND D...AND LEFT 3 acre land...now
HOW SHARE WILL DOVOLVE?

QUESTION IS MOTHER AND TWO SONS GET 1/3 SHARE...?.

.OR TWO SONS GET 2 SHARE ALONGWITH FATHER SHARE WIL DISTRIBUTE MOTHER AND TWO CHILDRENS?


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     09 June 2023

If father died intestate then his self acquired property rights will devolve to his legal heirs equally 1/3 to each mother and two sons.

RAUL   09 June 2023

In case A (Father) has executed a will then as per will (Under Indian Succession Act, 1925 via Section 30 of Hindu Succession Act, 1956).

But if A (Father) has not made any testamentary disposition i.e. died intestate then [B (Mother) and (Children) C, D]  all three are Class 1 legal heirs which shall take simultaneously 1/3 share each. (Under Section 8,9,10 of Hindu Succession Act, 1956).

Shashi Dhara   09 June 2023

If it is ancestral property mother gets only 13 guntas ,self acquired died intestate all  gets equal share if they are Hindu's ,others as per their personal  family law or as in Indian succession act .

kavksatyanarayana (subregistrar/supdt.(retired))     09 June 2023

Yes.  agreed with above experts.

Jayesh Malhotra (Practicing Adv.)     11 June 2023

1/3 to each B,C and D , if there is no will. 


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