Immovable property
karthik
(Querist) 25 August 2011
This query is : Resolved
My Great Grand father(Paternal) owned a property in 1958 .Before he expired he transferred that immovable property in the name of my grandfather later on while my Grandfather havent made a will and died in 1983 later on the tax receipts electricity bills etc are changed in the name of my Grandmother My Grandfather Had 8 Children ( 2M,6F) And my father is Elder one among them(Expired) now whom do have right on the property as per successions Act ??? I am expecting that Only the 2 males including my Grandmother are having right am i right please some one solve this issue its a matter or 3 crores property
Dr Anil Kumar Singh
(Expert) 25 August 2011
Dear One , The successors in fathers property are all his children. commonly married daughters do not claim their rights. If they claim, they will get the share in the property. Law has many aspects but amicable solution is the division of property by common consensus
Raj Kumar Makkad
(Expert) 25 August 2011
As the property was transferred in favour of your grand-father so e became its absolute owner. he expired in 1983 intestate so his share shall be devolved as follows:
Both sons and wife (widow): 1/4 share each
6 Daughters: 1/24 share each
M/s. Y-not legal services
(Expert) 26 August 2011
Dear makkad sir.. Why the daughters not entitled to claim equal share.. Can you clear me.?
M/s. Y-not legal services
(Expert) 26 August 2011
The grand father had survived with 6 children. I think, all legal heirs will get equal share. As of your statement your father is on more, so you and your brother sisters if any are entitled to claim equal share from your father's share alone. In case if you are only one legal heir for your father mean you will get total share of your father's.
R.Ramachandran
(Expert) 26 August 2011
Dear Mr. Karthik,
Your view that "Only the 2 males including my Grandmother are having right" is not correct.
As rightly pointed out by Mr. Makkad, the property in the hands of your grand father was his personal property.
Since he died intestate, the property will go by way of inheritance equally amongst all his legal heirs i.e. his widow and eight children.
The share falling to your father, will go equally to all the legal heirs of your father equally.
It is not clear whether your grand mother is alive. If she is not alive, and if she had not left any WILL, then her 1/7th share will go by way of inheritance amongst all her children equally. Here again, the deceased son's share will go to his legal heirs equally.
karthik
(Querist) 27 August 2011
Dear Rajkumar Makkad Sir
Can we Claim the property as per your explanations If so please provide me the Act and any concerned section which explains as such so that i can clearly claim my right of 1/4 in share
Thank you
prabhakar singh
(Expert) 27 August 2011
It is sections 8 &9 of The Hindu Succession Act read with its schedule with respect to class I heirs that governs your case which are reproduced below as you desire to know them,with one caution that Mr.Makkad expressed view is dependent on the basis of facts supplied by you that due to your silence he has analysed to presume that your your grand mother predeceased your grand father.If not so ,then situation will go governed as explained by Expert : R.Ramachandran just under these provisions.
THE HINDU SUCCESSION ACT, 1956
ACT NO. 30 OF 1956
8. General rules of succession in the case of males.
8.General rules of succession in the case of males. The property of a male Hindu dying
intestate shall devolve according to the provisions of this Chapter :-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule ;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives
specified in class II of the Schedule ;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased ; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
9. Order of succession among heirs in the Schedule.
9.Order of succession among heirs in the Schedule. Among the heirs specified in the
Schedule, those in class I shall take simultaneously and to the exclusion of all other
heirs ; those in the first entry in class II shall be preferred to those in the second entry ; those
in the second entry shall be preferred to those in the third entry ; and so on in succession.
THE SCHEDULE
(See section 8)
HEIRS IN CLASS I AND CLASS II
Class I
Son; daughter; widow ; mother; son of a pre-deceased son; daughter of a predeceased son ; son of a pre-deceased daughter ; daughter of a pre-deceased daughter;
widow of a pre-deceased son; son of a predeceased son of a pre-deceased son ; daughter
of a pre- deceased son of a pre-deceased son; widow of a pre-deceased son of a predeceased son.
M V Gupta
(Expert) 29 August 2011
I agree with Mr. Ramachandran's views.
