How are property divided amongst youngsters and not using a will?

My father acquired married in 1959 and had a son and two daughters from his first spouse. She died in 1974. My father remarried in 1978 and had two daughters from his second spouse.

My father handed away in 2010 and not using a will. He had sure properties in his title. How will these property be distributed among the many youngsters within the absence of a will?

—Name withheld on request

As per your question, we assume that your father was a Hindu and his properties are self-earned, self- created. Further, these properties usually are not ancestral in nature. Also, we assume that there isn’t any proper or curiosity of some other individual within the property and that the identical have been held solely by him. 

Since your father handed away and not using a will, the provisions of Hindu Succession Act, 1956 shall be relevant. 

Under Hindu Succession Act, 1956 states “General guidelines of succession within the case of males.—The property of a male Hindu dying intestate shall devolve in accordance with the provisions of this Chapter

(a) firstly, upon the heirs, being the family members laid out in class I of the Schedule;

(b) secondly, if there isn’t any inheritor of sophistication I, then upon the heirs, being the family members laid out in class II of the Schedule;

(c) thirdly, if there isn’t any inheritor of any of the 2 courses, then upon the agnates of the deceased; and 

(d) lastly, if there isn’t any agnate, then upon the cognates of the deceased.” 

Thus, when a Hindu male dies and not using a will, it is named dying intestate. 

 In case of your father, he has handed away intestate and all of you’re the Class I heirs i.e widow (second spouse) and all his 5 youngsters (all of the daughters and sons). 

All of you can be entitled to his property in equal proportions i.e 1/sixth portion devolving upon every one in all you. In case any of your brother or sister has pre-deceased your father then the share of such pre-deceased brother or sister would devolve on his or her youngsters in equal proportion. 

Further, primarily based on the situation of property, your loved ones must procure Letters of Administration or Succession Certificate from the Court having competent jurisdiction. 

Once your loved ones procures Letters of Administration or Succession Certificate, the bequeath needs to be recorded with the sub-registrar of assurance or the suitable registration authority.

Neha Pathak is head of Trust & Estate Planning at Motilal Oswal Private Wealth

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