Mr X was a rich man
1 year ago
Mr. X was a rich man. Mrs. Y, wife of Mr. X has deceased. So now, Mr. X & Mrs. Y have 4 Legal Heirs Mrs. A (Daughter), Mr. B (Son), Mrs. C (Daughter) & Mrs. D (Daughter) respectively. One fine day, Mr. B (Son of Mr. X) passed away. Mr. B has 3 Legal Heirs i.e. Mrs E (Wife), Mrs. F(Daughter) & Mr. G (Son). Currently, upon applying Legal Heir Certificate for Mr.X & Mrs. Y, the Legal Heir Certificate will have in total 6 Legal Heirs in total i.e. [Mrs. A, Mrs.C, Mrs. D, Mrs. E, Mrs. F & Mr. G] respectively. Now a Property upon the death of Mr.X is transferred in the name of 6 Legal Heirs on apply of Mutation Case at Tahsildar Office and ROR is updated also in the name of all 6 Legal Heirs. If the Property is being sold at Rs. 60. Then the Rs. 60 shall be equally divided among 6 Legal Heirs so that each can get Rs. 10 equally or shall be divided as 4 share? Need clarification on the same as per Indian Law. Kindly suggest!!
The general rule across India is that when the property is being partitioned between the different legal heirs the partition will happen at the first generation level that is the joint property will be divided equally into four parts wherein one part will go to the legal heirs of the Mr. B.