If you are stuck in such a situation, here is what to do.

Mr. Ramesh Kumar, a resident of Nagpur, has two children from his first marriage, a son named Alok and a daughter named Anita. After the demise of his first wife, he married Ms. Geeta. Mr. Kumar owns two plots of land, both being his self-acquired properties. Years ago, he constructed a house on one plot and transferred it to his son, Alok, through a gift deed. The second plot remains vacant.

Alok has been taking care of his father and stepmother, Ms. Geeta, for over a decade without any financial or personal involvement from his sister, Anita. Mr. Kumar also holds a Fixed Deposit (FD) in a bank, for which Ms. Geeta is the nominee. The funds for this FD were provided by Alok to his father. The primary concern is how the vacant plot of land will be distributed upon Mr. Kumar’s passing.

Advice in such cases

The distribution of property in such a scenario depends entirely on whether the property is ancestral or self-acquired, and whether the owner leaves behind a Will.

• Self-Acquired Property: Since both plots were bought by Mr. Kumar himself, they are his self-acquired properties. He has the absolute right to dispose of them in any manner he sees fit during his lifetime. He can sell it, gift it, or bequeath it to anyone through a Will.
• Intestate Succession: If Mr. Kumar passes away without making a Will (dying intestate), his self-acquired property will be divided equally among his Class I legal heirs as per the Hindu Succession Act, 1956.
• Class I Heirs: In this case, Mr. Kumar’s Class I heirs are his son (Alok), his daughter (Anita), and his second wife (Ms. Geeta). Each of them will be entitled to an equal one-third share in the vacant plot.
• Contribution to Care: The fact that Alok has been taking care of his parents and Anita has not, does not legally impact their inheritance rights under intestate succession. The law provides for equal shares to all Class I heirs regardless of their personal contributions.
• Fixed Deposit Nominee: Upon Mr. Kumar’s death, the bank will release the FD amount to the nominee, Ms. Geeta. However, a nominee is merely a custodian or trustee of the assets. The money legally belongs to all the legal heirs. If there is a Will, the FD amount will be distributed as per the Will. If there is no Will, the amount will be divided equally among Alok, Anita, and Ms. Geeta.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such matters are governed by civil laws, primarily:

• The Hindu Succession Act, 1956: Section 8 of the Act specifies the rules of succession for a Hindu male dying intestate. The schedule of the Act lists the Class I heirs, which in this case includes the wife, son, and daughter.
• The Transfer of Property Act, 1882: This Act governs the transfer of property, including the gift deed through which the house was given to the son.
• The Indian Succession Act, 1925: This Act contains provisions related to the creation and execution of Wills.

If you are the complainant

If you are in a position similar to Alok’s and wish to ensure clarity and avoid future disputes, here are the steps you can consider:

• Encourage a Will: The best way to prevent future conflict is for the property owner (Mr. Kumar) to execute a clear and legally valid Will (Vasiyat). This allows him to distribute his property as he wishes, potentially rewarding the child who cared for him.
• Family Settlement: Another option is a Family Settlement Agreement, where all family members mutually agree on the distribution of property. This can be legally documented and registered to be binding on all parties.
• Gift Deed: Just as the house was gifted, the father can choose to gift the vacant plot to anyone he wishes during his lifetime. A registered gift deed is generally irrevocable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the second wife or a child who feels their rights might be overlooked, it is crucial to understand your legal standing:

• Know Your Rights: As a second wife or a child (son or daughter), you are a Class I legal heir. You have an equal right to a share in the self-acquired property of your husband/father if he dies without a Will.
• Challenge a Will: If a Will is created that excludes you, it can be challenged in court on grounds of fraud, coercion, undue influence, or lack of testamentary capacity of the deceased. However, proving these claims can be challenging.
• Property Already Transferred: The property that has already been legally gifted to the son now belongs to him. Challenging a valid gift deed made years ago is extremely difficult unless there is strong evidence of it being executed under duress or fraud.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Inheritance and property division are civil matters. The police have a very limited role in such disputes. They do not have the authority to decide ownership or partition property. Their involvement is restricted to situations where a criminal offence is committed, such as:

• Maintaining law and order if a dispute leads to violence.
• Investigating complaints of criminal trespass, forgery of documents (like a fake Will), or criminal intimidation.

For the actual division of property, you must approach a competent Civil Court by filing a partition suit.

FAQs people normally have

Can a father leave all his self-acquired property to only one child?
Yes. For self-acquired property, the owner has complete freedom. He can write a Will bequeathing all of it to one child, his wife, or even a stranger, excluding other children.

Does a child who provides care for parents get a larger share of the property?
Not automatically. While it is a strong moral ground, the law of intestate succession (without a Will) mandates equal shares for all Class I heirs. To give a larger share to one child, the father must specify it in a Will.

What are the inheritance rights of a second wife?
A legally wedded second wife has the same rights as a first wife. She is a Class I heir and is entitled to an equal share in her husband’s property along with his children if he dies intestate.

Is the nominee the final owner of a bank FD?
No. The Supreme Court has clarified that a nominee is only a trustee who holds the money on behalf of the legal heirs. The ultimate ownership is decided by the law of succession or the deceased’s Will.

What evidence is required?

To claim your share in a property, you will typically need the following documents to file a partition suit in court:

• Death certificate of the property owner.
• Legal Heir Certificate or Succession Certificate issued by a competent authority.
• Original title documents of the property (Sale Deed, Conveyance Deed).
• The Will, if one was made.
• Proof of identity and residence of all legal heirs.

How long will the investigation take?

This is a civil proceeding, not a police investigation. The process of getting a property partitioned through the court can be lengthy. Filing a partition suit, serving notices to all parties, framing of issues, evidence, arguments, and finally the judgment can take several years. The timeline depends on the cooperation of the parties, the complexity of the case, and the workload of the concerned court.

Advocate Sudhir Rao, Supreme Court of India