Legal Question in Real Estate Law in India
distribution in ancestral property
We have ancestral property at Wardha (MS) which is made by three real grandfathers. Our grandfather has only son (my father) who had dies intestate and leaving behind 4 legal heirs, myself, my mother, my brother and my sister. I would like to know how much share comes in each legal heir (eg. say property is of Rs.100/-) what amount comes to everybody share. I have to made a WILL of my mother who is aged. How much share of mother can be transferred by way of WILL.
2 Answers from Attorneys
Re: distribution in ancestral property
If the character/nature of property is HUF property, then 1/2 share goes to your father notionally on his demise and said 1/2 share devolve equally on all his heirs viz. his wife, 2 sons and 1 daughter. Thus, share of your mother would be 1/4 of 1/2.
Re: distribution in ancestral property
Each heir shall get 25% of property means every heir shall be entitled to equal proportion of property.