The will will not be applicable as husband can will only his share no entire property. It will be equally shared
Proportion of ownership
Background: My mother, who passed away over 20 years ago, left behind her property - a land+house. She had 2 sons - my brother and I - from her first marriage, and a daughter C from second marriage. She was survived by her 3 children and second husband. She left no will as far as I know. A few years later, the second husband died, leaving behind a will giving all his assets to daughter C. We - my brother from mother's 1st marriage, my step-sister from 2nd marriage - are in the process of selling the land+house and dividing the proceeds between the three of us. Question: In what proportion do we split? Additional background: The land and building were obtained using a) her own savings, b) from the sale of her own ancestral property from her parents, and c) significant monetary contributions from me. (Property is in Kerala.)
Asked 3 years ago in Property Law
Religion: Hindu
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18 Answers
After the intestate death of your mother, her estate devolved equally on all her surviving legal heirs, namely you two brothers, your step-father and your step-sister, with each being entitled to 25% undivided share. Upon the death of your step-father, your step-sister inherited the 25% share of her father by virtue of his Will. At present, you two brothers get 25% each and your step-sister 50%.
Hello,
- As all three of you are the children of the deceased mother you have equal inheritance in the property legally as she died intestate.
- Therefore the proceeds of the sale ought to be shared equally, unless your siblings give a consideration of your substantial contribution to the acquisition of the property and allow you to take away a greater share.
1. On the intestate death of your mother, all movable and immovable properties held by your deceased mother gets devolved to you, your brother and your step sister in 1/3rd share each.
2. However, since you have contributed for the acquisition of property by your mother, on informing and obtaining the consent from your brother and step sister, you can take extra proportional share.
So (50+25+25) or (33,33,33)? Seeing both answers here...
Asked 3 years ago
Hello,
- As stated earlier the proportion should be equal among all the siblings as per intestate succession among Hindus and hence it will be 33.33-33.33-33.33.
- Anything contrary to the above can be on consensus and an agreement among all the three stakeholders.
If the property was on your deceased mother's name, then upon her intestate death, her properties shall devolve equally on her legal heirs consisting two children born out of her first marriage and the child born out of her second marriage including her second husband.
Now her second husband had died leaving behind a Will stating tht his assets shall devolve on his own daughter i.e., C, in this situation, the properties shall be divided into four equal shares, i which the daughter C shall be entitled to two shares and the children born out of her first marriage shall be entitled to one share each.
Thus the sale proceedings also can be divided among themselves in the said proportion.
Since the properties were on her name by a registered document, it shall be legally construed that she was the absolute owner of the properties she left behind upon her intestate death.
Hence the succession to the properties left behind opens with intestate succession to be succeeded by class I legal heirs equally.
Now her second husband had died leaving behind a Will stating tht his assets shall devolve on his own daughter i.e., C, in this situation, the properties shall be divided into four equal shares, i which the daughter C shall be entitled to two shares and the children born out of her first marriage shall be entitled to one share each.
The sale proceedings are to be divided among themselves in the said proportion as per law..
Mr. S. J. Mathew: Upon her death, doesn't the husband and three children have equal shares i.e. 1/4 each? (Class I heirs of Hindu intestate female). Then if the husband leaves his share to one child, doesn't the split become ((25+25), 25, 25) i.e. (50, 25, 25) as a couple of other lawyers indicate ? [ Thank you all for helping clarify this matter! ]
Asked 3 years ago
Please be guided by my earlier advice.
- As per law , after the death of your mother intestate , her property would be devolved upon all her legal hers, i.e. thee children equally
- Further , if the second husband was alive at the time of her death , then every body will get 1/4th share in the property .
- Further if the said property given to daughter C was self acquired property of her second husband , then he was having his right to transfer the said property to her and none having any right to claim over the same.
- Hence the said daughter can sell her entire property without consent of you and your brother to anyone on the ground of that WILL written by her father , and further she can also having right to sell 1/3rd share in the property left by mother .
- Further, if his share received after the death of wife was not included in the WILL in favour of daughter , then his share will be devolved upon the three equally.
On mother demise property would devolve on husband and 3 children equally
2) on second husband demise his one fourth share in property would devolve on C
It would be 50 plus 25 plus 25
Agree with other lawyers
The husband falls as one of the class I legal heirs to succeed to the estates of his deceased wife, hence he is entitled to an equal share in her property along with other class I legal heirs.
As the husband died leaving behind a Will stating that his assets shall devolve on his own daughter, the daughter is entitled to her father's share in the property besides her own share out of her deceased mother's property.
Thus as per law, the daughter C is entitled to 50% share in the property left behind by her deceased mother.
The property will be divided equally between you, your sibling, your stepsister and your deceased stepfather. His share will also go to your sister.
Ratio would be 1:1:2 between you, your sibling and your stepsister.
Any of the beneficiary can approach court for grant for letters of administration from court to inherit the estate of your deceased mother.
It will be equal
Dear client,
As she died intestate, the first-class heirs can claim the property so it will be the second husband and the 3 kids. However, as the husband died, the 3 children get equal shares. If the husband leaves his share then you and your sibling will get 1/4 and the step-sibling will get 1/2.
Thank you.
