Legal Question in Wills and Trusts in India

Legal Heir and Estate of deceased

Question 1. We were a family of 4 people. Father, Mother and 2 sons one married with children and the other a bachelor. My father owned a property in his name. He died in 2005 without making a Will. Who became the legal heirs then?

Question 2. The property was not transferred in any heirs name. Subsequently my mother died in 2007 and she had made a Will. Kindly let me know who will be the legal heirs of my fathers property now? Has my fathers property to be divided according to the legal heirs now or does my mothers Will also come into consideration for division of property. What is the status of the grandchildren in their grandfathers property? Are they too legal heirs?


Asked on 1/16/08, 12:03 am

1 Answer from Attorneys

Re: Legal Heir and Estate of deceased

1. Property of father shall be divided equally ammong all legal heirs i.e. mother and two brothers.

2. Share of mother shall be distributed as per her WILL.

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Answered on 1/16/08, 8:56 pm


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