Property distribution

lov gupta (Querist) 10 October 2015 This query is : Resolved
Hi sir,
I live in aligarh my grand father have not left any will and he ha left a house my father is 1brother and 1 sister to whom we do not have any relation now and we are two brothers where i am employed and my brother is still studing and now we want to transfer that house to my grand mother name . So what will be the procedure and is it necessary for the confirmation of her.

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Anirudh (Expert) 10 October 2015
After the death of your grand father (who has not left any WILL), the property is to be shared equally with all his class-I heirs.

The class-i heirs of your grandfather are (i) his wife i.e. your grand mother; (ii) your father and (iii) your aunt (your father's sister).

Whether you have any relation with your aunt or not is immaterial.

Unless your aunt gives a Registered Relinquishment Deed (Hak chod patra) the entire property cannot be transferred in the name of your grand mother.

lov gupta (Querist) 10 October 2015
But now she is also no more than what to do

Anirudh (Expert) 10 October 2015
But what about her family and children? Whether they are alive or not?

lov gupta (Querist) 10 October 2015
They are alive

malipeddi jaggarao (Expert) 10 October 2015
The children of your aunt are entitled for the share of your aunt. If they do not want the property, they have to execute a relinquishing deed in favour of other legal heirs.