How is deceased wife’s share distributed without a will?
A Class 2 heir (father) was not listed as a family member in the sale agreement of a property due to his absence during registration in the past. During partition, will he be eligible to receive a share of the property jointly owned by Class 1 heirs — the wife (deceased) and three sons? Also, how will the deceased wife's share be distributed among the heirs if there is no will?
Dear Client, Yes. The Class 2 heir will be eligible to receive a share of the property jointly owned by Class 1 heirs, although he will not be able to inherit the property as long as the class 1 heirs are alive. The estate of the deceased wife will devolve equally among the class 1 heirs surviving her. The father’s estate will thus get his equal share as the spouse. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Under the Hindu Succession Act, the father is a Class II heir and cannot claim a share since the deceased wife left behind three sons, who are Class I heirs. Her share will devolve equally among the sons in the absence of a will. Thus, the father gets nothing, and each son receives an equal portion of the mother’s share. For further legal assistance contact us on our helpline number.
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