There are three original sharers you, your daughter and son all will share equally. Out of share of daughter that is 1/3 her son and two daughter will further share equally and out son’s that is 1/3 his wife and two sons again will share equally after him. After you, property your 1/3 will be divided between daughter and son equally.
Childrens right to a widow mothers property
sir, I am a retired female pensionist owning a flat originally acquired by my late husband and further acquired by me as per his will. I have built this flat to 3 storeys. whch i am sharing with my widow daughter her son wife a 2 daughters, further with my elder son his wife and one daughter, lastly my younger son his wife and their 2 sons. what are the rights to this property of my three children
Asked 3 years ago in Property Law
Religion: Hindu
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11 Answers
On your demise intestate your property would devolve on your 2 sons and daughter equally
your grand children have no share in the property
Your property shall be your own property, your children do not have any rights in the property at least not during your lifetime.
If you want to transfer this property to all the three children, you can either write a Will dividing the property into three shares and allot each one their own share as per your desire.
Alternately you can divide the properties as per your desire and decision and can execute either a registered settlement deed or a registered family arrangement deed.
The property belongs to you and your children have no right over it. You may dispose of the property as per your wishes.
All your three children are entitled to equal share of 1/3rd each, if there's no WILL of the mother and on her intestate death.
- Since this property came to your from your husband by way of WILL , then after getting the said property , now it become your self acquired property .
- Hence, you have your right to transfer that property as per your wish , and none having right to claim
- You can transfer the property to them through a WILL , and three children cannot claim right over the same.
Dear Mam,
1. As per Hindu Succession Act, daughters are entitled to equal coparcenary rights as that of sons.
2. Hence, all the three children should get an equal share in the property irrespective of the fact that the daughter is married or not.
Thank you!
If it's your self acquired property then you can allot the same as per you. Otherwise the same will be allotted as per the succession laws equally between legal heirs
1. You acquired the flat through the will of your deceased husband.
2. Thereupon you have further constructed 3 stories wherein you have allowed your sos, daughters etc to live.
3. The entire property stands solely in your name for which you are its sole owner and no one can claim any share of it during your lifetime.
4. After your demise, intestate, your properties will be equally divided amongst all your legal heirs.
You have exclusive share in the property and only o your death all your children shall have equal rights.
First you would need to get the "inteqaal" entered and sanctioned in your name in the revenue records on the ground and basis of your late husband's will. Once the ownership of the flat is in your name, you can divide it amongst your children in whatever way you want. They would have no right over the property during your lifetime.
