What will happen to my parents property if they pass away without a will


Raj Lakhotia, Founder, Dilsewill answers readers queries related to estate planning.

Q.If both my parents pass away without a will, what will happen to their property? Will it be shared equally between me and my brother?-seema

If the parents pass away without writing a will, and the property is self-acquired by them, then according to the Hindu Succession Act, you and your sibling, being Class I legal heirs, will have an equal share in this property and you can stake the same claim to it as your brother.

Q I am a divorcee and have a four-year-old son. My former husband has remarried and has another child from his second marriage. Will my son have the same right over his father’s property as the other child? Will I have any right over his property? — S. Chibber

The divorce and remarriage will not change the legal status of your child. If the ex-husband’s property is self-acquired and he does not write a will making someone else the beneficiary, or he dies intestate, that is, without writing a will, then your son will have the same claim over it as his other child since both are Class I legal heirs. He will also have a right over your former husband’s share of ancestral property, if any. You, however, will have no right either over the self-acquired or ancestral property of your former husband.

Q. My father had two self-acquired properties and in his will, he mentioned only me as a beneficiary, leaving out my mother completely. He also assigned no reason for doing so. Will my mother have any right over these properties and can she stake a claim to these or even contest the will? — Parihar Singh

Since your father had self-acquired properties and he willed them to you as per his wish during his lifetime, your mother will have no legal right to these properties. She can, however, contest the will in a court of law on any of the legal grounds since the will does not clearly state the reason for your father leaving out your mother, who is a Class I legal heir.

Q My husband has not made me a nominee in some of his investments, but has named me the beneficiary in his will. If he passes away, will I have any claim to the proceeds of these investments? — Sumitra

A nominee is only a temporary caretaker of the deceased person’s assets and these will eventually go to the legal heirs of the deceased. Since you are a Class I legal heir and have also been mentioned in the will, you will have a claim to these investments.


Disclaimer:

The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever



Source link