Grand fathers property
prasad
(Querist) 03 May 2013
This query is : Resolved
SIR,
I`m prasad.Here I provide you the details,problems and my doubts regarding the issue of my grand father`s house for which your valuable advice is needed.
DETAILS:
My late grand father has house which is self acquired property.He has 5 children(3 sons and 2 daughters).My father is eldest among them.My father`s first younger brother has gone through inter-caste marriage and left the house 27 years ago.He didn`t maintain any contact with our family during these period and not even attended my grand father`s cremation.We are 2 sons to my father and I`m eldest among us.We both are majors.
PROBLEM:
My aunties(2 younger sisters of my father) are trying to acquire the property with out the consent of my father.
DOUBTS REGARDING THIS ISSUE:
1.Can my aunties acquire the property with out the permission of my father?
2.To what extent my father can proceed legally and in which way he can?
3.Being the eldest grand son of the house what are my rights in this context?
4.To what extent my father`s first younger brother(who left the house after marriage)
possess the rights at the time of partition of this property?
Advocate M.Bhadra
(Expert) 03 May 2013
The property of the grand father was his self acquired property then this property shall devolve to all his legal heir if he died intestate i.e. no testamentary document such as 'will' exist with regard to the property made by him during his life time. The grandson is not legal heir if his father is alive in such case, in case the father of the grandson died before the death of grand father then the grandson being son of the predeceased son get the share in the property which his father would have got, sharing that share along with his mother i.e. widow of his father. In this case there are 3 sons & 2 daughters of the grand father, no mention of his widow hence these all being class 1 Heir get one share each in this property. This the position based on the Hindu Succession Act, 1956. The grandson could gave got his share in the property if that was Hindu Ancestral Property, i.e. originally owned by the great grand father, passed to the grand father down the line up to the present grandson who would be the fourth generation to enjoy this property, in this case in this Hindu undivided family property a share could be claimed by the present grandson being a Coparcenar by birth in the Hindu Joint family. Whatever I state here is based on the actual legal position concerning the Hindus in India.
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will given to the deceased’s agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females.
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons, widows, mothers, sons of a pre-deceased son,, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
Father
Son's daughter's son
Son's daughter's daughter
Brother
Sister
Daughter's son's son
Daughter's son's daughter
Daughter's daughter's son
Daughter's daughter's daughter
Brother's son
Sister's son
Brother's daughter
prasad
(Querist) 03 May 2013
thank you very much sir for having given thorough information to us.
prasad
(Querist) 23 May 2013
SIR,
I`m prasad.Here I provide you the details,problems and my doubts regarding the issue of my grand father`s house for which your valuable advice is needed.
DETAILS:
My late grand father has house which is self acquired property.He has 5 children(3 sons and 2 daughters).My father is eldest among them.My father`s first younger brother has gone through inter-caste marriage and left the house 27 years ago.He didn`t maintain any contact with our family during these period and not even attended my grand father`s cremation.We are 2 sons to my father and I`m eldest among us.We both are majors.
PROBLEM:
My aunties(2 younger sisters of my father) are trying to acquire the property with out the consent of my father.
DOUBTS REGARDING THIS ISSUE:
1.Can my aunties acquire the property with out the permission of my father?
2.To what extent my father can proceed legally and in which way he can?
3.Being the eldest grand son of the house what are my rights in this context?
4.To what extent my father`s first younger brother(who left the house after marriage)
possess the rights at the time of partition of this property?
Raj Kumar Makkad
(Expert) 23 May 2013
1. No.
2. File suit for partition and possession as your father has also equal share in that property as individually your aunts have.
3. You acquire the share of your father only with your brother.
4. Get declaration of his civil death from the civil court.
prasad
(Querist) 24 May 2013
Thank you very much sir for your valuable suggestions,I will be grateful if you explain me the procedure of acquiring the declaration of civil death from civil court.
prasad
(Querist) 25 May 2013
Thank you very much sir for your valuable suggestions,I will be grateful if you explain me the procedure of acquiring the declaration of civil death from civil court.
