Ancestral property transfer to legal heirs Hindu family
Rajesh
(Querist) 17 May 2018
This query is : Resolved
Hello everyone,
Facts of the case:
House Property is in the name of my Grandfather (X) and all utilities bills (Electricity bill, house tax etc) still come in the name of my grandfather. My grandfather died in 1991 and my grandmother died in 1995. He (X) has two sons ( A & B) and two daughters (C & D) all married and have their children. One son (B) died in 2003 and one daughter (C) died recently in 2018. My father (B) has his alive wife and two sons - me and my brother (both unmarried) whereas my tauji (A) has his wife and three daughters all married and alive. One married before 2005 and rest two married after 2005. My buaji (C) has 4 sons and other buaji (D) has 3 children all alive. My Grandfather has not make any will of the property nor it has been transferred till date.
Queries:
1. Who are the legal heirs of the property in the present case?
2. How property share will be divided among the legal heirs in the present case.?
3.What will be the procedure of transfer the ancestral property to the legal heirs provided the House property is situated in UP.?
4 . If Daughter (D) decided to give up her right on the property then how her share will
Be transferred among other legal heirs?
5. What will be easiest and cost effective way to settle the matter in the present case complying all the legal formalities.
An early reply will be highly appreciated.
Regards,
Kumar Doab
(Expert) 17 May 2018
In case of Hindu male dying without disposing his self earned/acquired estate/property whose title is in his name , share in ancestral property
the 1st right is of his ClassI legal heirs i.e Mother ( if alive as on date of his death) , wife ( if alive as on date of his death), sons, daughters......predeceased sons, daughters...
Kumar Doab
(Expert) 17 May 2018
In case of Hindu woman the nature and source of property matters...
In case the property that is self earned/acquired, absolute the 1st right is of her husband (if alive as on date of her death), sons ,daughters..
In case the property that is acquired from husbands side 1st right is of her sons ,daughters.. and if they are not available then legal heirs of husband..
In case the property that is acquired from parents side 1st right is of sons ,daughters.. and if they are not available then legal heirs of father
Ms.Usha Kapoor
(Expert) 18 May 2018
Succession of a Hindu male died intestate the property devolution will be as follows. It goes to class1 legal Heirs. IN the absence of mother and widow(died ) Grand father's children has rights over the property. A and his children take one share. B expired . So as children of predeceased son B's children take one share. C died recently(Daughter) C;'children will take 1share as children of predeceased daughter. and D will take 1 share.
Ms.Usha Kapoor
(Expert) 18 May 2018
His grandfather's share in ancestral [property will be treated as self acquired property anddevolution to class 1 legal heirs starts after the grandfather's demise.
R.Ramachandran
(Expert) 18 May 2018
First you have to indicate, how your grandfather got the house property?
Whether he acquired himself?
OR if he got the house from his father, then in which year he got it from his father?
P. Venu
(Expert) 18 May 2018
Any suggestion depends upon whether the property is ancestral or otherwise.
T. Kalaiselvan, Advocate
(Expert) 20 May 2018
1. The four children (which includes the legal heirs of the deceased children ) of your grandfather are his legal heirs or successors in interest to succeed his property upon his intestate death.
2. Equally into four shares and each of the family of the four children shall inherit one such share accordingly as per law.
3. Firstly this is not ancestral property, secondly as far as house property is concerned, the same rules of succession shall be applicable to the state of UP also.
4. If the daughter wants to relinquish her rights, she may execute a registered release deed relinquishing her rights in the property after which her share of property shall devolve on all other legal heirs/successors.
5. Amicable partition out of mutually agreed terms and conditions among all the shareholders.
