Legal Question in Wills and Trusts in India
Property Disputes
There were 4 persons i.e; A mother and her 3 son. Their grandfather has a property consisting of 6 Acres of land. After the death of their grandfather, this 4 person claimed for the property in equal parts,but certainly one of the brother died and 3 persons were left . So i want to know how will the property divided? The part of the property of the brother who died will be provided to the mother or it will be divided equally among the 3 claimed persons.
2 Answers from Attorneys
Re: Property Disputes
Already replied.
Re: Property Disputes
If the deceased son has no other heir - wife or children, her share will devolve upon his mother.
Mother is a Schedule I heir.
Brother is a Schedule II heir.
As per law of succession, the heirs in Schedule I are preferred over heirs in Schedule II.
Thus mother will be entitled to half share in the entire property and the remaining two sons will share one fourth each.
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