Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Geetha R S (Service)     03 December 2009

Determining legal heir

 My father purchased a piece of land and had constructed a house through some bank loan which he repaid in full.  The property is positioned in Kerala.My father died in 1996, leaving behind my mom, me and 2 brothers.

 

The ration card also included the name of his mother (my grandmom) who lived with her elder son’s son (elder son died before my father i.e. in 1990) My Grandmom died few years later. My grandmom’s name also was included in the legal heir certificate as the ration card included her name

 

Now after her (my grandmom's death) death, does the interest passes on to the rest of the survivors mentioned in the legal heir certificate  (i..e. my mother, 2 bros and me) or does it goes for identifying grandmom’s rest  children?? The point is the property is not inherited but built by my father.

 

Kindly advise.

Thanks in advance,

-GRS



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 December 2009

The property shall be equally divided among you, your mom and your 2 brothers. There is no question of the share of your grandmom’s other children in the property.

1 Like

mahesh kumar yadav (Advocate)     03 December 2009

i understood ur issue, my opinion is the property is will be decided as per legal heir certificate and moreover the property is self acquired property by your father, so property is equally divided between, you and ur mother, ur brothers and there is no question on identifying the grandmom rest children's

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 December 2009

KINDLY NOTE THAT iNCLUSION OF NAME IN THE RATION CARD WILL NOT CREATE TITLE OVER THE PROPERTY,AND SHARE CANNOT BE CLAIMED OVER THE ENTRIES IN THE RATION CARD, NONE OTHER THAN you and ur mother, ur brothers COULD CLAIM the shares in the self acquired property of your father.


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