Legal Question in Real Estate Law in India

Inherited Property

Owner of a house since expired. Wife of owner is alive.

Will this house be automatically inherited among wife and children (including married daughter) on equal sharing basis...?

If so; is there any requirement to transfer the ownership (in case of selling)...?

Religion: Hindu


Asked on 7/23/08, 9:15 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Inherited Property

In case of intestate death of a Hindu male, his properties would devolve upon his Class I heirs. Class I heirs are mother, widow, sons, daughters, sons & daughters of predeceased sons & daughters.

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Answered on 7/24/08, 1:47 am
Sumit Mehta S 'n' S Law Offices

Re: Inherited Property

Sir,

In case of the karta of a hindu family, after his death all the legal heirs (Class 1) becomes the qwner of the property in equal propotion.

The share of married Daughter is also equal.

For example if

there is a widow

A married Daughter

An unmarried Daughter

and 3 sons

then the total no. of class 1 heirs are 6.

Each will get 1/6th of the total property.

Further, for selling of the property all the legal heirs will have to sign on the sale deed along with the affidavit of declaration that the owner of the house is dead and they are there legal heirs and also the death certificate of the Owner needs to be annexed.

Regards

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Answered on 7/24/08, 2:55 am


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