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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?
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.