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lovish Sharma   26 February 2022

Distribution of Property

There are 3 owners of Land, One a Lady{Maternal Grandmother} and Two Sons {Major} of Her Daughter {Daughter paased in an accident}. And the Grandmother have also expired out of natural death, Now will the property be divided among other 2 Owners of land or The Other 4 Children of The Elder Lady {Grand Mother}.

Note: There.s no will of Elder Lady.
Apart from the daughter who expired there are 4 other Major Children too of the Elder lady claiming the share.

Please advice and also feel free to ask any further query out of this.


Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 February 2022

Hello,

The decaesed grand mother's share will be equally divided between her one daughter (since deceased her 2 sons) and other 4 childrens. So grandsons will get 1/5th part and other 4 children will get 1/5th part each. 

1 Like

Palak batra   26 February 2022

Dear Querist,

 

In case a person dies without leaving a will, in such cases the assets would be distributed according to the law based on his/her religion. 

 

In the Hindu Succession Act, the rules governing the distribution of the assets in case of intestate death of a female are different as compared to the intestate death of a male. According to the Act, the first right on her assets will be of her husband, son and daughter, including the grandchildren but only in case the children are not alive.

 

In this case the property would be divided equally amongst the children and two grandchildren. 

 

Regards,

Palak

1 Like

P. Venu (Advocate)     26 February 2022

How this property is vested with the three persons? Please post complete facts..

1 Like

Dr J C Vashista (Advocate)     27 February 2022

What religion did the lady (grnd mother) professed i.e., Hindu , Muslim Christian or any other) as her LRs shall succeed as their personal law ?

Share of deceased daughter of the lady i.e, grandmother shall devolve amongst her (daughter's) legal representatives as per daughter's personal law.

Vague, confused and disjointed facts have been posted

1 Like

lovish Sharma   27 February 2022

Thank you for suggestions. All the family members are Hindus and ... Answering to second query, the property was purchased property in the name of Elder lady and two grand sons.

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