How does the law of succession apply to a property if the will for the same is not in place?
Question asked by Mr. Sunny from India:
We are 2 sisters and 1 brother. Father died without writing a will in his wife’s, son’s or daughter’s name so ideally all 4 of them inherit equal share. Post few years even the Wife died but left legal note that son can inherit her share. So now we have the following questions:
1. Does the Son now has 2 shares in property?
2. Does law applicability changes if you are Sikh family?
3. What happens when eventually the Brother & both the sisters also die? How will that property then get passed on?
Thanks
Sunny
Veena Answers:
1. No, the son does not have two shares because upon the death of the mother, the property devolves upon all the family members as per the law of succession.
2. No, the law applicability doesn’t changes for a Sikh family.
3. The property will devolve upon the legal heirs of the brother and both the sisters.
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