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Transfer of Property Among Legal Heirs Judgment (Jul-19-2016)

transfer of property judgement

Under Indian laws, the division of property is different for all religions. For instance, Hindus and Muslims have their own inheritance laws.

Distribution of property  among heirs in class-I of the Schedule:  The property  of an intestate shall be distributed among the heirs in class-I of the Schedule under the following rules:-


Rule  1.-The intestate’s widow, or if there are more widows than one, all the widows together shall take one share.


Rule 2.-The  surviving sons and daughters and the mother of  the intestate shall each take one share.


Rule 3.-The heirs in the branch of each pre-deceased son or   each pre-deceased  daughter of  the intestate  shall take among them one share.


Rule 4.-The division of the share referred to in Rule 3:


(i) Among  the heirs in the section of the pre-deceased  son  shall  be  so  made  that  his  widow and  the surviving sons  and  daughters  get  equal portions, and the part of his pre-deceased sons gets the same portion;


(ii) Among the heirs in the section of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.


Amina Bharatram Vs. Sumant Bharatram and Others – Court Judgment

Court Delhi High Court
Decided On Jul-19-2016
Case Number CS (OS) No. 411 of 2010 & I.A. No. 12186 of 2010
Judge S. Ravindra Bhat &Amp; R.K. Gauba
Appellant Amina Bharatram
Respondent Sumant Bharatram and Others

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