ANIL 26 December 2015

Grandfather's property

Dear All,

I have a small query regarding property inheritance from my grandfather. I will state the facts below, if you need any other information please feel free to ask.

My grand-father has 3 sons and 1 daughter. My father passed away in early 2000. My grandfather by god's grace lived quite long and passed away in 2015. His property is self-made property. I understand that if my grand father has not made a will then the property gets distributed equally between my 2 uncles (his sons), me (his grandson as my father is not alive) and my aunt (her daughter). I also understand that, if he has made a will then I will get a share as stated in the will and if I am not give a property share in the will then I will not get anything.

I would like to know how does the inheritance process work after grand-father's demise? I would like to know how long does it take before the will is read to everyone (if there is a will) or if there is no will then what is the process? Can anything be done to the property before the will has been read for example, can anyone sell the property before the will has been read? Also according to your experience in such situations when will be the most appropriate time for me to start questioning my uncles and my aunt whether there has been a will left or not.

The reason I am asking all these questions is that I am slightly worried that my uncles and my aunt might try to undercut me on the property share. Of course in the end I would like my grand-father's wishes to prevail but I want to avoid any wrong-doings. Could you please advise me on the above questions? And also if there are any advice from you in this matter, I will quite appreciate it.

Best regards,

Anil

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7 Replies

GANDHI MOHAN BHARATI (Pensioner) 26 December 2015

SElf made property. If there is a will, the division shouild be as per will. If no Will, i.e. intestate, as per inheritance procedure

kapil garg (ADVOCATE) 26 December 2015

Dear, If there is no WILL in that event you and any member of your family or anyone of legal heir may submit death certificate to the appropriate authority i.e. to the revenue officer, who after dermine the same will call all the legal heirs to distribute the same between the legal heris. Secondly, if there is WILL in that event the said WILL, in whose in possession, will produce the same to the revenue officer and as per WILL the property will be distributed. The time of completion of this process will depend upon the working of officer.

Anand Bali Adv. (Advocate Solicitor & Consultant) 26 December 2015

Here what I can understand from your above averments that you are not aware of the fact that is there a will or not, and so you are worried about your share in the property as the legal heir of your father and ultimatly to your grand father as he has died intestate(?) or afyer making a will.

The right procedure is thet your should first get try it through the family sources and if the family amicable settlement is done among all the legal heirs of the your G.Father it is fine and if not as you are scared of that your share may be cutted off you can move a suit in the civil court for the partition of the property showing that your g.father died without any will in your knowledge and thus you are interested to get the property partitioned among all his legal heirs. You here also have to declare in the suit for partition that who are the live legal heirs of your Late Grand father with their respective addresses. The court will call all those persons as respondents of your case and then ask for the reply from their side and then after decide the partition among all the legal heirs, in case the court will require any commissioner can also be appointed for the physical verification of the property and advise the court that how this partition can be derived.

You can ask any question on this or if in case you need any further adviase pl call me or send me a PM (Personal messaage) through this sight only. or direct on advicelaw1@gmail.com.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 26 December 2015

1) Agreed to the above stated experts opinions.

2) Before proceeding legally, discuss with all the claimants/ heirs, in the presence of family elders or your senior well wishers to ascertain as to any will existed or not.

3) If Yes, they have to show the Will. If not, they have to give you the share. The other side may or may not disclose at this stage.

4) Legal Heir certificate, Revenue Authorities in some State Govts are not issuing. But Family member certificates are issued for specific purposes.

5) Issue of LR cert has nothing to with Will. The Legal Heir Cert will be issued by the competent court.

6) Your age, Application of local revenue official procedures etc are unknown. Better seek the advice of experienced property law expert lawyer for further guidance with full facts.

K.S.Srinivas (Advisor (HR)) 30 December 2015

It is the self acquired property of your grandfather. If there is a WILL, the property shall be divided as per the WILL. If there is no WILL, then the property shall be distributed among his heirs in accordance with section 8 and 9 of the Hindu Succession Act, 1956.

T. Kalaiselvan, Advocate (Advocate) 05 January 2016

You have stated that it was your grandfather's self acquired property and he had 3 sons and one daughter.

Presuming your grandfather died intestate i.e., not left any Will bequeathing his property, his intestate property will devolve equally on all his legal heirs who shall be entitled to 1/4th property as their respective share in the properties.

In the above context your father's 1/4th share of property will again devolve equally on his own legal heirs i.e., your mother, you and your siblings.

Since you are entitled to a share in the property, just do not bother about the existence of any will by your grandfather, send a legal notice i your own capacity to all your uncles and aunt seeking a share in the grandfather's intestate property out of your father's share in it.

If there is no response or your claim is ignored, you may file a suit for partition and in that you may seek an interim relief of interim injunction restraining the defendants from alienating the property till the disposal of suit.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 05 January 2016

1) Concur with the aforesaid advice of the learned counsel.

2) At this stage forget about the will whether in existence or not. Issue legal notice seeking partition. The onus falls on the possessor of the will to come out with the facts.

3) If the your grandfather died intestate, file partition suit.

4) To avoid any alienations by transfer/ sale/ or otherwise dispositions, act swiftly to start with a legal notice claiming your share and bring injuntion if need be.