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Right of householders and widow in a property included all sons and mothers name
6 months ago
We have a house where we (4 sons) are living with mother as we are unmarried. we are total of 7 brothers, 4 of which married and 3 are yet to marry. Recently we lost my father and 1st elder brother. Now the house contains all 7 brothers and mother's name. Now the widow of my 1st elder brother is asking for property and maintenance amount. How can we distribute the house and do we have to provide maintenance amount to widow and her children?
Do we have to put the name of widow and her children to register in their name and does it require all remaining 6 brothers permissions for registration?
What are the rights of householders and widows in this case?
A.Dear Client,
The law of succession or inheritance is governed by the Hindu Succession Act, 1956 and the Indian Succession Act, 1925, As per Hindu law of inheritance, on the demise of the property owner intestate, i.e, without any will, all the surviving legal heirs including the widow of your first elder brother are entitled to an equal share in the said undivided property. On receipt of the Legal heirs' certificate in compliance with the statutory formalities from the concerned Competent Authority, i.e, Municipal Authority, Tehshildar, you need to apply to the Land Revenue Deptt in compliance with statutory formalities for the issue of individual Parcha/Certificate showing individual share in respect of all the surviving legal heirs of the said undivided property. On the basis of said certificate of the Land Revenue Deptt. all the legal heirs need to execute and register either a Deed of Relinquishment or a Deed of Family Settlement in favour of any one legal heir to make him/her the sole owner of the said property for the purpose of selling the property to others and distribute the equal share of sale proceeds to all the beneficiaries in terms of Family Settlement Deed. Reach out to an Advocate for further guidance and steps.
The law of succession or inheritance is governed by the Hindu Succession Act, 1956 and the Indian Succession Act, 1925, As per Hindu law of inheritance, on the demise of the property owner intestate, i.e, without any will, all the surviving legal heirs including the widow of your first elder brother are entitled to an equal share in the said undivided property. On receipt of the Legal heirs' certificate in compliance with the statutory formalities from the concerned Competent Authority, i.e, Municipal Authority, Tehshildar, you need to apply to the Land Revenue Deptt in compliance with statutory formalities for the issue of individual Parcha/Certificate showing individual share in respect of all the surviving legal heirs of the said undivided property. On the basis of said certificate of the Land Revenue Deptt. all the legal heirs need to execute and register either a Deed of Relinquishment or a Deed of Family Settlement in favour of any one legal heir to make him/her the sole owner of the said property for the purpose of selling the property to others and distribute the equal share of sale proceeds to all the beneficiaries in terms of Family Settlement Deed. Reach out to an Advocate for further guidance and steps.
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A.Dear Client
In case your father passed away without leaving a will (intestate), the laws of intestate succession in your jurisdiction would typically determine how the property is distributed among the legal heirs. These laws may vary, so it's crucial to be aware of the rules applicable in your region. The widow of your deceased brother may have a right to a share in the property, depending on the laws governing intestate succession. The extent of her share would depend on various factors, including the number of legal heirs, the nature of the property, and the applicable laws. Maintenance rights for widows and their children can vary. In some jurisdictions, widows may have a right to claim maintenance, especially if they are unable to support themselves financially. The rules surrounding this depend on local laws. If the property needs to be registered in the names of specific individuals, the consent of all legal heirs may be required. This is often the case when transferring property ownership. If the property is registered in the name of multiple individuals, any change in ownership may necessitate the agreement of all owners.
In case your father passed away without leaving a will (intestate), the laws of intestate succession in your jurisdiction would typically determine how the property is distributed among the legal heirs. These laws may vary, so it's crucial to be aware of the rules applicable in your region. The widow of your deceased brother may have a right to a share in the property, depending on the laws governing intestate succession. The extent of her share would depend on various factors, including the number of legal heirs, the nature of the property, and the applicable laws. Maintenance rights for widows and their children can vary. In some jurisdictions, widows may have a right to claim maintenance, especially if they are unable to support themselves financially. The rules surrounding this depend on local laws. If the property needs to be registered in the names of specific individuals, the consent of all legal heirs may be required. This is often the case when transferring property ownership. If the property is registered in the name of multiple individuals, any change in ownership may necessitate the agreement of all owners.
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