Legal Question in Wills and Trusts in India

My father was given an ancestral bunglow as gift deed by my grandmother ( grandfather having died ) in 2008 and my fathers name was applied to the bunglow. That was my grandmothers self earned property. My grandmother expired later. My father expired recently and is survived by 2 sons ( myself and my brother ) and one married daughter. If he has not made a will how will this bunglow which has 3 1 BHK flats at 3 levels be divided amongst the 3 of us according to rules mentioned in Hindu Succession Act 2010.


Asked on 1/17/13, 12:06 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.01.2013

Dear Sir,

A married daughter(s) have an equal share in ancestral property along with the sons. With your father having deceased, the title to the property will first vest with your mother with each legal heir having a 1/4th share in the property as per the Hindu Succession Act, 2010. In your mother's absence, each of you will thereafter be entitled to a 1/3rd share meaning 1 BHK flat will be in your name, the other 1 BHK flat will be in your brother's name & the last 1 BHK flat will be in your sister's name as per the Hindu Succession Act, 2010. Who acquires which level is to be mutually decided amongst yourselves thereafter.

Regards,

FCA Prashant Chavan

Mumbai

(You can mail me for any other on-line advice at [email protected])

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Answered on 1/17/13, 1:36 am
Jayesh Desai Jayesh Desai

Each of the child will get equal share, as today there are three survivors; all as per the Hindu Law (including female child) are entitled to share, if mother would have been alive she would also get 1 share; i.e. in that event each person will get 1/4th share.

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Answered on 1/17/13, 4:30 am


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