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Env Coord (.)     05 August 2021

Inheritance rights of a maternal grandson under hindu law

A Hindu male died intestate in 1995 with a self-earned house leaving behind one wife, 2 sons & 2 daughters. His wife expired in 2015, thereafter one of the daughter expired in 2019? Can son of 'expired daughter' claim any inheritance rights over the self-earned house of his 'maternal grandfather' (Nana)? Kindly explain in the light of amendments to Hindu Succession Act, 2005.
(Since, 2 sons are insisting for partition of the house through family settlement deed in a unilateral manner denying any share to son of deceased daughter.)

PS: Immovable property is located in Uttar Pradesh.



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 4 Replies

Dr J C Vashista (Advocate)     05 August 2021

Yes, the LRs of deceased daughter (her husband, sons & daughters) of titleholder (Nana) has an equal share i.e., 1/4th with other siblings of deceased daughter.

1 Like

G.L.N. Prasad (Retired employee.)     05 August 2021

If only the maternal grandfather died intestate, the daughter's share may devolve upon the maternal grandson, as the property is said to be self acquired by MGF.

1 Like

P. Venu (Advocate)     05 August 2021

On the death pf the grandfather, the property came to be devolved upon his wife and the children. Consequent to grandmother's death the property came to be jointly vested with the children, equally each of them having 1/4th share. On the death of one of the daughters her share has come to be devolved upon the legal heirs viz. the husband and the children. Thus husband and children have joint share in 1/4th of the property.

 

Ay settlement or partition entails that the rights of the legal heirs of the deceased daughter cannot be ignored or wished away.

The amendment of 2005 is of no relevance in the given context.

1 Like

Shashikant V. Patil (Lawyer)     06 August 2021

Agreed with Expert's advise.


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