Property rights of great grandfather's property

Jegan (Querist) 09 May 2013 This query is : Resolved
Dear Sir/ Madam,
Please advise me on this. We've a house which was left for rental from my Lt.father. After his death my grandmother(Father's Mom) is collecting rental till now. It is the property of my great grand father who died without making any will. My grandfather also no more. Does law can provide any rights to me to collect the rent as my father did instead of my grandmother?
Thanks,

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adv. rajeev ( rajoo ) (Expert) 09 May 2013
Itz whose property, it is to be known first.

Advocate M.Bhadra (Expert) 09 May 2013
Before answering this query I presumes that you are Hindus.If the property is undivided then you are all have equal right of rent.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 also legal heir if his father died intestate in such case, sharing that share along with his widow i.e. grandmother,widow of his father.i.e your mother, no mention of his others son and daughter, hence these all being class 1 Heir get one share each in this property. This the position based on the Hindu Succession Act, 1956. In this case i 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.