Legal issue

Q: A father has inherited ancestral property. He is 80 years old staying with his wife and unmarried daughter in the said property. He has two more married daughters. He wants to divide his share and give appropriate share to each of the daughters. Does the division has to be 1/3 each or can he make 4 parts of the said property and keep 1 with him while giving 25% to each of his daughters. Can he make a will to give his 25% stake to the daughter who is taking care of him? What will his wife get after his death, if he is no more without property division?

Anand Bhide, Apartment Resident

24th July 2012

Legal in Pune

property division

Follow Discussion

Also see discussions for

Pune Legal Legal in Pune

Replies (1)

Hi Ananad,

It depends on the circumstance. If the property owner who is 80 year is making a WILL, it is his decision how much he should give to his wife & children. It would be wise if he decide in a will that, after his death, the property should move to his wife and she can decide whether to keep it or divide them among the children. If the property owner is dead and there is no will made, legally all inheritance has equal right on the property. Thus, the property will be either divided into four or if everyone agrees, they can sell the property and divide the amount.

Now as the property owner is alive, he can decide how much he should contributed to each his dependence.

You can contact legal expert to know more on the same. Thank you

mukund,

25th July 2012

Comment

Hi Mukund. Thanks for the reply. You have answered one of the questions; that i.e. after death of the father remaining property will be divided into 4 parts. But while he is still alive and as the property is not built by him but is inherited by him how to divide it? My gut feel was he will keep 50% and 50% will go to his 3 daughters as inheritance. His 50% stake then he can make a WILL for anyone. This is what I wanted to confirm.

Anand Bhide, Apartment Resident

26th July 2012