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R   09 June 2018

Family property partition

My grandmother's family(Hindu) has many assets in the form of shares,liquid cash, FDs etc , businesses and properties, including agricultural and commerical land.My grandmother's father had one elder brother and one younger brother.They created all this wealth from a business they purchased where all three were partners.They inherited nothing from my grandmother's grandfather bacuase he had lost everything and had gone bankrupt.All three brothers are now deceased, i.e my grandmother's father and his two brothers.However noone of them left behind a will.Nothing has been partioned till date and everything is jointy run by the remaning heirs.

However my grandmother was coaxed into entering an agreement where she stated she would not take any shares in the family assets ,properties and businesses.Can I claim stake in the property, or can my father do so?My grandmother is still alive.



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 1 Replies

Rahul   09 June 2018

1) how did your grand mother inherit property on your grand father demise? 

2)if your grand mother has left a will and bequeathed you the property you would inherit her property under the will .

3)if your grand mother died intestate ie (without a will) your father has right to propety as he is legal heir.

The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:

  1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
  2. upon the heirs of the husband.
  3. upon the father and mother
  4. upon the heirs of the father, and
  5. upon the heirs of the mother.

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