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Jeevan Kumar (NA)     09 August 2013

Clarity on succession of ancestral property

Hello Experts,


I have a question regarding partition of ancestral property. Here is the scenario, in sequence.

  1. The property concerned is in the name of my Late Grandfather who passed away in 1995.
  2. My grandfather left behind his widow, 3 sons.
  3. One son passed away in 2003, leaving behind his widow and 2 daughters.
  4. My grandmother passed away in 2010, leaving behind a registered will that bequeathed her share of the property to one of the living son.

I would like to know what is the validity of the will and what will be the inheritance pattern in this case according to law.

Thanks in advance


 5 Replies

Kumar Doab (FIN)     09 August 2013



Believing that you are Hindu and Hindu Succession Law shall apply;


1. The wealth of the Late Grandfather shall be divided equally between his widow and 3 sons: all ClassI legal heirs.


2. The share of the deceased son gets divided equally between his widow and 2 daughters: all ClassI legal heirs.


3. The share of the deceased grandmother (acquired from her husband) is equally divided amongst into 3 units ( amongst 3 sons) all ClassI legal heirs: Thus 2 living sons get 1/3rd each


rest 1/3rd gets divided equally between widow and 2 daughters of deceased son: all ClassI legal heirs.



Valuable advice of learned experts is sought.




Jeevan Kumar (NA)     09 August 2013

Dear Kumar Doab,

Thanks for your reply.

My particular interest is to understand the validity of the will of the grandmother in which she has given her original share (25%) to one son.

Clarity on this aspect would be highly appreciated.


A.SUMATHY 9380902017 (LAWYER)     09 August 2013

25% of the property to going to particular son as per the will.

Adv Archana Deshmukh (Practicing Advocate)     10 August 2013

The grandmother can validly bequeath her share to anyone by a Will.

Kolla Gangadhar (Practicing Advocate since 1986)     10 August 2013

Will executed by your Grand Mother bequeathing her 25% share is  in question  whether will is valid or not? Your grand father died intestate, your grand mother, his children will inherit property. Unless your grand father property is partitoned  after his death your grand mother may not get rights over 25% share .

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