90,000+ Legal Questions Answered

Property Property

2 years ago

If father gave some portion in property to his daughter and other portion to his wife and after few years both husband and wife died on same day.Who will get the portion of property of his wife.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Daughter will have her portion unaffected.
The portion of wife/mother will be distributed to all Class I legal heirs.
If there is no other son/daughter then you will that remaining portion also.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.What was the mode of transfer or alienation of portion of property? Wife share shall be equally divided among her son and daughter who are class -1 legal heirs.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
If both the husband and wife die on the same day, then the property shall be allotted to the children as per S.8 of the Succession Act which states that Class I heirs will get priority.
If you found my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
As per S.8 of the Succession Act, the class I heirs should be given priority. Therefore, accordingly the children will get the property if both husband and wife die.
If you found my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.The children will the get the portion of the property.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
It will be as per section 8 and 15 of Indian Succession Act.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconShop evacuate
Dear Sir, You can file a suit for permanent injunction and restrain them from forcing you to close your shop if you have taken relevant licenses to run the shop from the local authority that is munici...
question iconDecree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir, It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
question iconProperty and Home loan
Dear Sir, It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
question iconRemove co owner from FLAT BBA if he is not giving his consent
Dear Sir, You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
question iconLand dispute
Dear Sir, Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...