01 February 2009
Take a case: A father(say Mr.x) had a building(200 sq feet) and later on he died.He had 5 children(all major married) including 2 married daughters and further one of his sons had also died leaving behind his spouce and two children(major unmarried boy and major married daughter). Mr X. didn't have any will. uptill I know there are 8 legal heirs and property is to be divided into 6 shares:- 1)Mrs.X for 1/6th share 2)Mrs x's 4 children for 1/6th share each 3)spouse and 2 children of expired son of Mrs.X for 1/6th share (to be divided among three equally i.e 1/18 share of each) Am I right? If not please let me know about the right procedure and also any reference of any act or provision if possible? Thanks in advance!
02 February 2009
Yes, you are right. The property is to be divided and distributed amongst the legal heirs equally unless there is a will to the contrary.
CAclubindia
