Succession
Shital bafna
(Querist) 03 April 2010
This query is : Resolved
I am legally ordered as gurdian of two orphan minor childern related to them as maternal uncle aginast to that of Paternal grand ma.Now both parents of childern died in Accident(my siseter and JIjaji)then paternal grand mother will be also legal heirs for the prperties of her son along with both childern.please specify pateral grandma is heir for the properties of her son only or daughter in law also?is she legal heir for only property only or compensation also (amont recived by motor accident claim) is life insuruance already taken by my Jijaji is property or compensation?my sister dont havr any property n her name bu she will get motor accident compensation.
Raj Kumar Makkad
(Expert) 03 April 2010
In the given case grand ma of the orphaned children shall be entitled for the grant of share in compensation, insurance death-cum-maturity benefit and all other properties left by her deceased son being his legal heir.
So far as guardianship of both the minor children is concerned, their grand ma is their natural guardian in the given circumstances but her guardianship can also be taken by you from civil court if you get it satisfied that their welfare shall be with you rather of their grand ma. Where-ever both the children remain, their property shall also go there. Generally MACT keeps locked the compensation of minor in banks in the shape of FDR till they attain majority so dont fear.
A V Vishal
(Expert) 03 April 2010
The Paternal Grandmother will succeed along with her son's children as Class I Heir in both moveable and immoveable properties. However, in case of her daughter-in-law's assets viz. movable or immoveable her grandchildren take precedence as class I heir and she cannot claim share in the same. Therefore, effectively she takes 1/3rd share in son's properties and Nil share is daughter-in-law's properties.
