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Kumar   06 October 2015

Legal heirs of deceased hindu male

Grandfather had 7 children(5 male and 2 female).

After Grandfathers death his property(land) has been divided in to 6 (5 shares to males and one share to mother(grandmother)) – No share to sisters at this point (One of the sisters also dead at the time of partition).

 After death of grandmother her share has been given to female child who is alive. Now all the living children got one share.

 After sometime one of the male dead who is unmarried and having no child.  During the time grandfathers property partition all the shares had a common path to access their shares except his share. Now without partition this males property has been sold by 5 parties(one sister, One brother, two brothers children, one sisters children) (Like I am selling 1/6th of the share).

Thasildar gave legal heir certificate only to 4brothers not included 2 sisters.

Patta of the dead males property was having only dead male and his other 4 brothers names.

Please provide suggestion to the followings:

  1. How to divide the unmarried dead males share. Will the share divided among only his brothers or to the living sister+brothers or all brothers+sisters. Note: Now 2 brothers also dead who are having children.
  2. Since legal heir certificate and patta having only brothers name how come sisters can claim the property.
  3. Even if the sisters have rights to claim since the patta and heir certificate don’t have sisters name will the sale registration done sisters are valid? Or Can we cancel it?
  4. Is it possible to sell the land without dive it?
  5. Buyer bought the lands surrounded by this land. How can we access this land? Can we legally ask for path to this land.?


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 4 Replies


(Guest)

Read Hindu succession act and schedule attched to it. you will get all answers

Kumar Doab (FIN)     06 October 2015

What is date/month/year of death of Grandfather?

Is the partition by registered partition deed?

Whats is the land e.g: agriculture? The land is in which state?

 

The successions opens on date of death of the owner.

Daughters have equal rights in unpartitioned properties of the parents as per Hindu Succession (Amendment) Act,2005.

Easement right might be possible.

If ClassI legal heirs are not available then ClassII legal heirs shall come into picture.

 

 

Kumar   06 October 2015

Originally posted by : Kumar Doab
What is date/month/year of death of Grandfather?

Is the partition by registered partition deed?

Whats is the land e.g: agriculture? The land is in which state?

 

The successions opens on date of death of the owner.

Daughters have equal rights in unpartitioned properties of the parents as per Hindu Succession (Amendment) Act,2005.

Easement right might be possible.

If ClassI legal heirs are not available then ClassII legal heirs shall come into picture.

 

 

Thanks Kumar Doab.

Grand father death - some time 1984

Grand fathers property has been partitioned by registerration.

Agriculrural land in TN.

Do the sisters have the rights to claim brothers property?

 

Kumar Doab (FIN)     06 October 2015

 

For daughter's share in agriculture land partitioned by registered deed pursue state laws in Tamilnadu applicable as on date of death in 1984.

 

Share of unmarried Hindu male that died (without any children) shall devolve upon ClassII legal heirs...............


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