Our father left behind one residential complex, one commercial complex, substantial cash balance, shares and other household items utensils etc. I want to know the method of dividing whether on the basis of mothers(50% for me and the balance50% for my 2 step brothers ) or equelly among us. Sorry if I am sounding a little persistant but would like a reply on my query Are civil laws being introduced in India? Now we all want to transfer our home on the name of my mother which was on the of my father but he died and there is Will for the Home.Our late mother left behind gold ornaments worth around 25 tolas. which protect biological sons and daughters from intentional disinheritance from parental property ? i want to sell the properies now since i have no children bu my sister refuses to sell as she has a daughter and is hoping after my death and hers all the propety will go to her daughter, how can i sell my share of the property. So request you Please tell me the complete procedure that How can we(three brothers) can transfer this home to on the name of our motherm looking after a case of my close relative.. their mother was gifted with a property from her father in law..after few years she was murderedby her own husband and the father of the two girls..In the absence of lineal descendant, to all grand children, - equally In the absence of grandchildren, to great grant children – equally Lineal descendant of a predeceased child or lineal descendant of a predeceased child of a predeceased child if present - division is based on equal shares, taking the predeceased child to be alive, and a downward distribution amongst the lineal descendants.
if an earlier order is present, the later orders would not inherit) in orders : • Father (whole in the absence of anybody in class I) • Son’s daughter’s son; son’s daughter’s daughter, Brother, Sister ( all in equal proportion) • Daughter’s son’s son, daughter’s son’s daughter, daughter’s daughter’s son, daughter’s daughter’s daughter (equally) • Brother’s son, brother’s daughter, sister’s son and sister’s daughter • Father’s father, Father’s mother (equally) • Father’s widow, brother’s widow • Father’s brother, Father’s sister • Mother’s father, mother’s mother • Mother’s brother, mother’s sister If the deceased is a female Hindu dying intestate: A: Sons (1 share each), Daughters (1 share each), husband (1 share), son and daughter of predeceased son (equally together 1 share), son and daughter of predeceased daughter (equally together I share).
B: Heirs of Husband Entry C: Father and Mother Entry D: Father’ shier E: Heir’s of the mother If the deceased is a Muslim: Muslim communities in India predominantly follow Hanafi law, but in some locations follow Shia law.
If a predeceased son of this predeceased son leaves a widow, the living sons and living daughters each shall equally share the share of the predeceased son of the predeceased son who has one share with living sons and daughters.
Predeceased daughter (1 share) to be equally shared by sons and daughters of the predeceased daughter.
In case there is none in the class I schedule, the property shall go to the class II based order.
The earlier order is preferred over the later, (i.e.
the entire property may be subject to testamentary succession or intestate succession if there is no will.
Orders of intestate succession: The following is an outline of the orders of succession and the shares of inheritance for heirs in different groups in India: If the deceased is a Hindu male (including Buddhists, Sikh, Jain, and all those who are not Christian, Muslim or Parsi): Class I heirs of a male Hindu who shall simultaneously inherit are: • Mother being alive (1 share) • Widow (1 share) • Living sons (1 share each) • Living daughters (1 share each) • Predeceased son having the following relations (1 share) • widow • sons • daughters – each to be equally divided.
n Application of Inheritance Laws in India No uniform codified inheritance laws apply in India.
The Constitution of India provides freedom of conscience (i.e., religious faith as a fundamental right).
The share of each heir must be ascertained based on individual cases.