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ak05 (nil)     07 November 2010

Can Pre-deceased daughter's son claim for maternal property?

Hi, I have a query on the Hindu succession act.

A  has been living with his maternal Grandfather since his parents expired in 1993.

The court had appointed A’s maternal Grandfather as his legal guardian.

As of today, A is 24 years of age.

A’s maternal grandfather expired in 2009 leaving behind following heirs:

1) His Wife(A’s maternal Grandmother).

2) His son (A’s maternal uncle).He is married(in 1980s and has 6 children).

3) His first daughter(A’s maternal aunty).She is married(in 1980s and has 2 children).

4) His second daughter(A’s Mother - has 3 children). She expired in 1993.      

A’s maternal Grandfather has left behind following property

1) Movable assets : Savings and FD accounts.

2) Immovable assets : flats.

A’s maternal grandfather has not left any will(Intestate). So being the son of a pre-deceased daughter(A’s mother in this case), is A eligible for a share in the above said property of his maternal grand father as per the Hindu Succession Act. If yes, what role will he play I mean what would be his rights in this case.

i.e After the death of A's maternal grandfather who will come into picture as the legal heirs(from the list mentioned above) and how will be the property be divided among them. Will each of them have equal share?

  Please clarify, this is very urgent. Thanks in advance.



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 November 2010

ll the three children of pre-deceased daughter shall inherit the share of their deceased mother in the succession of the property of their maternal grand-father. In the given matter, widow, alive son, alive daughter and the children of deceased daughter (A & his brothers/sisters) are equally entitled to inheirt entire properties of the deceased.


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