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Debajeet Bakshi   24 July 2022

Property division

My mother(xyz) got married with father(abc) in the year 1988.A son(ghi)was born on 7th october 1990.Father bought 10 bighas land in mother's name and 2 bighas in son's name.In 1996 another son(myself) was born. in the year 2001 mother died without any will. In 2002 father remarried and gave birth to a daughter in 2003.In 2010 1st son died at the age of 17.2 months prior his death another daughter was born out of the second marriage. In 2017father died inestate without any will. He had 40 bighas of land.
Now I have some questions
1) since my father died without will how will his property get divided?? in what ratio?? At present Me stepmother and two stepsisters are legal hairs..
2) Who will get my mother's 10 bighas land and elder brother's 2 bighas??After death of my father at present i am the only legal heir of both. Their property is still not divided. 10 bighas is still in my mother's name and 2 bighas is still in elder brother's name.


Learning

 3 Replies

Nagarajan T   25 July 2022

your mother's 10 bhigas you will get. your brothers's 2 bhigas will be shared equally by you and your 2 stepsisters

Debajeet Bakshi   25 July 2022

between whom it will get shared??

P. Venu (Advocate)     31 July 2022

Your mother owned 10 bighas (your first posting mentions 12 bighas) of land when she died in 2001 and, the property being intestate, would be inherited equally by you, your brother and your father. 

When your brother had died in 2010, he had 2+10/3 (inherited from the late mother) vested with him and, being inteste would be inheirted by the legal heirs. 

Inthis case, there are no Class I legal heirs; there are only Class II legal heirs and according to the provisions of Section 9, father inherits the whole property.

(9. Order of succession among heirs in the Schedule.—Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession)

Thus, when the father had died in 2017, all the property, except the 10/3 bighas you had inherited from your mother, belonged to him and such property would be shared equally among you, your step mother and the step sisters. All of you are Class I legal heirs.

In other words you are entitled to get 10/3 bighas + an equal share in the father's property.


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