Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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AZIZ kHAN   20 October 2021

land property

we have the land property of our grandfather but it is transferred by his father, does his grandfather brother have the right to his property.


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 3 Replies

Anusha Singh   21 October 2021

As per your query it is understood that you need information about the distribution of your grandfather’s property.

The inheritance law differs according to every religion i.e., the inheritance in Hindu’s is governed by the Hindu law and in Muslims it is governed by the Muslim law of inheritance it is also governed by the Indian Succession Act.

In Hindu law there are two types of property “self-acquired property” and “ancestral property”. If the property is self-acquired property then after the death of the owner of the property the property will be divided in all the legal heirs equally only if the will is not made. If the will is made by the deceased person then the will shall be honored and the partition of the property will take place accordingly. If it is ancestral property then all the legal heirs have equal rights in ancestral property.

As per Muslim Law the owner of the property will have absolute right to deal with the property till his life. After his death the property will be shared among all nearer heirs. Muslim Law does not recognize any inheritance from property of their grandfather like in Hindus. To answer the query you must inform about all the members of the family of grandfather. If any nearer relative is there, he will succeed the entire property excluding the remoter heir like grandson.

Hope it helps!

 

Regards,

Anusha Singh

sonam ranjan   26 October 2021

In case if there is no will then the mother, his wife, and children are the legal heir of property.

When the question of properties arises three classifications.

1. Movable immovable and financial properties. If it is financial properties, your husband would have made a nomination in your name on application to the concerned Bank or LIC, etc., That amount will be paid to you provided you don't have a rival claim.

2. In the case of movables such as cars, scooters, etc., You approach the concerned RTO office. In all cases death certificate is essential.

For further details if required you consult a good Advocate. who can advise and give a legal solution regarding property transfer matters

Megha   05 February 2022

Hi,

Succession in India is governed by the applicable succession laws.  Hindu Succession Act, 1956 (Hindu Law) governs the succession amongst Hindus and the Indian Succession Act, 1925 governs the succession laws for people not governed by the Hindu Law. 

As per the Hindu Law, an ancestral property, unless partitioned, is equally distributed amongst the Class I legal heirs as specified under the Hindu Succession Act (Sections 8 to 15).   The presence of a will is an important determinant of succession.

Succession under Muslim Law is a combination of 4 sources viz, The Quran, The Sunna, The Ijma and the Qiya.  The Succession will also depend upon whether it is testamentary of non-testamentary.  Furthermore, teh personal laws for Shias and Sunnis differ.  Usually the property is distributed between three class viz, sharers, residuaries and distant kindered.

In the absence of specific details regard the sect of the deceased, existence of will, dependants left behind, etc it will be difficult to provide an answer.  

Request you to post all facts for a complete answer.  

Best regards,
Megha


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