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Legal service India => Property laws => Topic started by: Adershdev on August 31, 2015, 03:59:48 AM

Title: Property sharing doubt
Post by: Adershdev on August 31, 2015, 03:59:48 AM
Arun was the husband of Riya. Riya Commit Suicide on 2005.At that time she was the Mother of a 5-year-old child. Both Riya and Arun have 25 Cents land Property with a house on it. They have equal right on that property. Three days after Riya’s death her mother also died. Riya’s father passed away in her childhood. Father and mother of Arun are still alive. In 2010 Arun remarried a widow names Gatha. She has a daughter at the time of marriage. (After the marriage, Gatha’s daughter Staying with her grandfather and grandmother) In their new relationship they have no children. In 16-08-2015 Arun died in an accident. He was the Assistant Sub-Inspector of Police. Now Arun And Riya’s son is under survival of Arun’s father and mother.

Can you please clarify our doubts?
1)   Does Gatha have any Right on this 25 Cents land Property? If so How many it will.
2)   Does Arun’s Father and mother have any right?? If so How many it will.
3)   How many land Property will get to Both Riya and Arun ‘s son?
4)   Does Gatha’s daughter have any Right on this 25 Cents land Property? If so How many it will.
5)   How will the property be divided among the successors?
Title: Re: Property sharing doubt
Post by: adv.amarnath on August 31, 2015, 10:40:00 AM
Answer to the Query no. 1
Gatha has right over Arun's property in respect of 1/4th undivided share.

Answer to the Query no. 2
Arun Father has no right but his mother has right over his son's property in respect of 1/4th undivided share.

Answer to the Query no. 3

Child will get 1/2 undivided share of the entire property.

Answer to the Query no. 4

No, she has no right as because she has not been adopted by Arun or Arun was the legal guardian or foster appointed  by District Judge.

Answer to the Query no. 5

Though I have already explained above still iterating below
Child of Arun and Riya will get 1/2 (half) undivided share of the entire property.
Mother of Arun will get 1/4th undivided share of the entire property.
Gatha will get 1/4th undivided share of the entire property.

My calculation of shares depends on your statements and considering that Arun had married Gatha legally during his life time.

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