Legal heir of deceased hindu male


Hi my father (A) expired in 2017. He has a deed in his name for the the property share from my grandfather(AA). my father did not kept any will. since my father expired now as per my knowledge my grandmother, my mother and me are the only lgeal heir. my question is what kind of power does my grandmother has in my fathers property and after my grandmothers expiry can I and my mother only be the legall heir of my fathers property or other legal heir of my grandmother(i.e siblings of my father) will also has rights in the property. can any one kindly advise. as i need to sell one of my fathers property now do I require a sign from my grandmother or do I require sign from my Aunt or my fathers siblongs if my grandmother is not alive.

 
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As you are a Hindu heir,your grandmother as mother of your deceased father is also a Class 1 legal heir of your late father.

 
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Advocate

You are right, in respect of the property of your deceased father, you, your mother and your paternal grandmother are the legal heirs.

If your paternal grandmother expires without leaving any WILL, then her 1/3rd share in your father's property will go equally to her husband, all her sons and daughters (including to you as son of her deceased son).  Her entire 1/3rd share will not automatically come to you.  

 
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Advocate

Your grandmother is one among the legal heirs to your father's property.  After her lifetime, the property left intestate would be inherited by all her legal heirs. This an inequitous provision. Hence Kerala State has made the following amendment:

Amendment of section 15.-In the Hindu Successibn Act, | 956 (Central Act 30 of 1956), in section 15, after clause (b) of sub-section (2), the following clause shall be inseried. namely:- "(c) any property inherited by a female Hindu from her pre-deceased son shall devolve, not upon the other heirs referred to in sub-section (l) in the order specified tberein, but upon the heirs of the pre-deceased son from whom she inherited the property.". 

Please verify if similar amendments have been carried out in your State as well.


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