property rights of widow
2 years ago
There is a property in my deceased fathers name, which is undivided and there is no will from father. Mother is alive and 2 sons and 2 daughters (all married) r there. Now who has the property rights. Can mother get the property transferred in her name and then make will to divide the property? If property is to be divided between two sons only, does any NOC will be required from the daughters?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.mother, 2 sons, 2 daughters will get equal share even when daughters took lot of gold and dowry and marriage expenses.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Because Class 1 heirs are sons, daughters, and the widow, property will be distributed equally among all Class 1 heirs, with each receiving one-fifth of the estate. If any legal heirs agree to relinquish their right to the property, they will be required to sign a Non Objection Certificate. You can prepare a will for your part of the property once you have received it.
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Because Class 1 heirs are sons, daughters, and the widow, property will be distributed equally among all Class 1 heirs, with each receiving one-fifth of the estate. If any legal heirs agree to relinquish their right to the property, they will be required to sign a Non Objection Certificate. You can prepare a will for your part of the property once you have received it.
If you find this answer helpful, please rate my answer. Thank You.
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A.Hi,
If a man dies intestate, that is, without leaving a will, his estate is distributed equally among all Class 1 heirs. Your mother and his children will each receive an equal part in this situation. Each individual will receive 1/5 of the property. There is no legislation that stipulates that the widow receives the full estate. This can only happen if all other legal heirs agree to transfer all of the property in exchange for a NOC.
Mother has the option of making a will to transfer or divide her share of the property. You'll also need three NOCs from the mother and the married daughters if the property is simply to be shared between the brothers.
If you find this answer helpful, please rate my answer. Thank You.
If a man dies intestate, that is, without leaving a will, his estate is distributed equally among all Class 1 heirs. Your mother and his children will each receive an equal part in this situation. Each individual will receive 1/5 of the property. There is no legislation that stipulates that the widow receives the full estate. This can only happen if all other legal heirs agree to transfer all of the property in exchange for a NOC.
Mother has the option of making a will to transfer or divide her share of the property. You'll also need three NOCs from the mother and the married daughters if the property is simply to be shared between the brothers.
If you find this answer helpful, please rate my answer. Thank You.
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A.Dear Sir
It belongs to all the 5 persons equally. The sisters have to execute release deed if they wish to forgo their shares.
It belongs to all the 5 persons equally. The sisters have to execute release deed if they wish to forgo their shares.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.At present your mother, her two sons and two daughters each entitled to one fifth undivided share in your father's property. Your mother can make Will in respect her undivided one-fifth share. For division of property, any of the undivided shareholders after giving notice for Partition to other shareholders,can file Partition Suit before the appropriate Court of Law.
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Ankita Jaiswal
Responded 2 years ago
A.Yes widow rights in property, no one can deny, if u like my ans pls rate my ans *****, thanks
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A.Since your father died intestate meaning without making a will or diving the property hence all the class 1 legal heirs that is the wife, sons and daughters will inherit the property in equal share ( share depending on which branch or school of Hindu law you belong to Mitakshara or dayabhaga)
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