Legal Question in Wills and Trusts in India

Hindu Succession act

Myself and my father had purchased a plot.My father died in 1990 without making a will.My mother has died earlier.my father has followingoffsprings.Myself, my surviving elder sister,my elder brother died in 2005.my elder brothers wife is surviving,his two sons are surviving,his daughter died in 2004,she has surviving husband and 2 surviving minor daughters.please let me know how my fathers share in the property will be distibuted.Is it true that legaly successors upto 3rd generation only have to be considered? In my case have we to give share to my elder brothers grand daughters who form 4Th generation considering father as firast generation?what is legaly binding?We are hindus from maharashtra ang governed by hindu laws


Asked on 2/02/08, 6:55 pm

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Hindu Succession act

i m not going into what is ur status.

let me explain it

if A has three children viz 1, 2 and 3 then the property will be divided in 3 parts equally, if there is no will.

all the children and relative of such children 1, 2 and 3 can get their shares only out of the share of these children

i mean that wife and children of 1 will get share from the share of 1 only.

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Answered on 2/03/08, 10:49 am

Re: Hindu Succession act

The share of you father will be eqally distributed among you,sister and brother and if any body is dead then his/her share shall be taken by his/her legal heirs.

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Answered on 2/03/08, 11:35 am


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