Legal aspects of succession

This query is : Resolved 
 

(Querist)
27 November 2018

My grandfather had two wives. My father & his brothers were children of 1st wife. 2nd wife also has son & daughter. My grandfather's father has granted a piece of land to my 2nd grandma by will. Who will count as heirs of 2nd grandma & who will share the land which was granted her by will?


KISHAN DUTT RETD JUDGE (Expert)
27 November 2018

Dear Sir,
The following law will apply.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Please mark “LIKE” if satisfied by my answer.

P. Venu (Expert)
28 November 2018

The answer is obvious: the second grandmother's legal heirs i.e. her children and her husband, if alive at the time of her death.

sankar narayanan (Expert)
29 November 2018

I do stand with expert Sri Dutt reply



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