Legal Question in Wills and Trusts in India


I wanted to inquire how property is distributed among spouse & siblings in case of death of a parent. Here is the exact scenario. I will pose 2 eventualities here.

My parents are quite old and owing to their beliefs, neither wants to write a will. My father (Mr. F) had 2 daughters (D1 and D2) from a previous marriage. On death of his wife, he married my mother (Mrs. M) and I was born (Mr. S) . In the year 1997, D1, my elder step-sister had a daughter (Miss C). Unfortunately, in year 2000, D1 met with an accident and died. After that, 'C' lives with us in our home, but her father looks after all the financial burdens. My second step-sister, D2, got married in 1998 and then got divorced in year 2004. She also now lives with us and has an independent job.


1. In event of my father's(Mr. F) demise, how will all the property be divided among us?

2. In the event that my mother(Mrs. M) meets her demise first, how will all the property be divided among us?

Thank you for your valuable time.

Asked on 6/13/13, 1:17 am

2 Answers from Attorneys

dear client..

You need to divide the property among ur self equally .. so that there is no misunderstanding and inequallity among any one.. if you need to partition deed to be drafted or any suggestion required mail me at [email protected]

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Answered on 6/13/13, 1:47 am

Fca Prashant Chavan Expert Edge LLP


Dear Sir,

1. In the event of your father's death intestate (without making a Will) all his children from the first and second marriage will have an equal right on his property.

2. Your entitlement will be restricted to the share emanating to you as per Point (1) above.


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Answered on 6/13/13, 3:05 am

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