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VISHNUVARDHAN (Engineer)     23 July 2017

Grandmother property to grandson

My grand Mother inherited the property from her father. My grand mother passed away without any will in 2005. My grand father ( husband of grand mother ) too passed away in 2008. They have 3 heirs 2 sons( My father and his brother) and a daughter (My Aunt). Still now they property has not been partitioned. All the 3 heirs( My father, his brother and Aunt) are alive. My father has 2 heirs - Son(myself) and daughter (my sister). My fathers's brother has 2 heirs - Son and daughter. My Aunt has no children. So altogether my grandmother have 2 son, one daughter, 2 grand son, 2 granddaughter)

Now we thought of selling my Grand Mothers property. Shall we share the money them into 7 parts( father, his brother, Aunt,  2 Grand son and 2 grand daughter) Is it correct??

or we need to split only 3 parts( Aunt, my father and his brother) 

Please suggest...



 13 Replies


(Guest)

as this being a inherited property, all legal hiers are eligible for a share.

Advocate Bhartesh goyal (advocate)     23 July 2017

No,your grandma,s sons and daughter are only legally entitled to get share in the questioned property.

Ms.Usha Kapoor (CEO)     23 July 2017

Your father and  your paternal uncle and your Aunt alone are entitlled to succeed to your late grand mother's property to the exclusion of all other heirs.

1 Like

Susen Nath   23 July 2017

Advocate kknow pls tell me how legal hairs can get equall property.

Susen Nath   23 July 2017

Finstead it will decide in 3 parts. And then it will devide each part accordingly siblings.

VISHNUVARDHAN (Engineer)     23 July 2017

Thanks Advocates for the opinions. Since the property is being sold off, What will happen to the money( received due to sell off the grandma property) of my Aunt when she dies since they have no kids. Whether we can claim this money after her death.

Or will this be inherited by my uncle's ( Aunt husband) brother and sister lineage.

Kumar Doab (FIN)     23 July 2017

It is believed that you are all Hindu.

Confirm!

 

Kumar Doab (FIN)     23 July 2017

Succession opens on date of death.

In case of succession of Hindu woman, the nature and source of property matters.

1st right on Hindu woman’s self acquired/absolute property is of; her husband, sons, daughters…..They shall share equally.

In case of succession of Hindu Male; 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

Thus the share of Husband (your grandfather) devolves equally upon his surviving ClassI legal heirs ……………….You have confirmed that his wife (your grandmother) predeceased him. Believing that his mother also predeceased him the surviving sons and daughters shall share his whole property (including share left by his wife).  

 

In case of your aunt having NO husband and NO children, as the property is acquired from parents the legal heirs of father have stake and claim……

 

Since Father has predeceased (the daughter-your aunt) the Category II of ClassII heirs shall share equally i.e; her (your aunt's) brothers and sisters…..

 

Kumar Doab (FIN)     23 July 2017

Grandsons, Granddaughters have NO forced share in property of Grandparents.

By their sweet will and wish your father,uncles ...................can pay any amount to you..........

 

It is your own family understanding..............

Kumar Doab (FIN)     23 July 2017

Your understanding seems to be correct; Since Father has predeceased (the daughter-your aunt) the Category II of ClassII heirs shall share equally i.e; her (your aunt's) brothers and sisters…..

 

Ms.Usha Kapoor (CEO)     23 July 2017

Please declare thanks results as early as possible.

VISHNUVARDHAN (Engineer)     29 July 2017

Thanks all for your kind opinions..

Kumar Doab (FIN)     29 July 2017

You are welcome.


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