Ques
Querist :
Anonymous
(Querist) 23 May 2011
This query is : Resolved
Hello Sir my grandmother has property in her name.She has two sons and three married daughters.She died without any will and also one son is died.I want to know who is the legal owner of property.The one survival son or the died son`s sons & daughters.
The deceased son`s family members are getting the property registered in there name without the survival son (my father) permission i want to know if that is possible or not if yes how to get the justice please reply...
Thank you
R.Ramachandran
(Expert) 23 May 2011
Dear Anonymous,
Since your grand mother has died without leaving any WILL, her legal heirs will inherit her property in EQUAL share.
The legal heirs are three married daughters, one living son, and one share to the deceased son (the children son(s) and daughter(s) of the deceased son will in turn inherit the property falling to the share of their deceased father, equally amongst themselves).
A V Vishal
(Expert) 23 May 2011
General rules of succession in the case of female Hindus - Sec.15
(1) The property of a female Hindu dying without making a will, shall pass over in succession according to the following rules:
first, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
secondly, upon the heirs of the husband;
thirdly, upon the mother and father;
fourthly, upon the heirs of the father; and
lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1):
a. Any property inherited by a Hindu female from her father or mother shall pass over in succession in the absence of any son or daughter of the deceased, upon the heirs of the father; and b. Any property inherited by a Hindu female from her father or mother shall pass over in succession in the absence of any son or daughter of the deceased upon the successor of husband.
Guest
(Expert) 23 May 2011
SIR,
YOU MAY FILE A CIVIL SUIT FOR PARTITION OF SAID ANCESTRAL PROPERTY IN CIVIL COURTS AND YOU WILL GET YOUR SHARE FROM THE COURT.
GENERALY THERE IS A TENDENCY THAT THE HOLDERS OF SAID PROPERTY ARE RELUCTANT TO SHARE THE PROPERTY WITH OTHER LEGAL HEIRS.SO DO NOT WASTE TIME AND DO AS DIRECTED.GOOD LUCK.
Guest
(Expert) 24 May 2011
1/5 share of each for one sone and 3 daughters and 1/5th for the heirs of the deceased son.
M/s. Y-not legal services
(Expert) 25 May 2011
Yes. The clause 1 legal heirs will get equal shares.. And about the deceased son's share his widow wife and childrens will divide his share alone equally..
