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Nitin (marketting manager)     09 July 2015

Legal heir meaning for property

Hello Experts,

   My grand father[My mothers father] has a property ,my mother is the only girl child for my grandfather

my mother has three sons ,and my father expired and he does not have any property from his parents

so after my grandfather's demise, who will exactly be called as legal hiers?

my mother and my grand mother? or

all five of us? grand mother, mymother,we three brothers

will the property be divided into two? or will it be divided into 5? he did not leave any will.

Thanks,

Nitin



Learning

 3 Replies

saravanan s (legal advisor)     09 July 2015

since he had died intestate the class 1 legal heirs your mother and grandmother will get equal shares

Nitin (marketting manager)     11 July 2015

We are his grand children so we also get our share right??

we three are his grand children ,

it means we dont get any share at all if my mother and grand mother agree not to give anything to our three brothers??

so we dont have any legal right?if they say NO to property??

Raksha Joshi   28 February 2020

Hello sir,

Thankyou for your question.

To understand this you need to first understand - 

1)  The legal heir meaning.

An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law.An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law.

2) Who are the heirs?

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The property of a male Hindu dying intestate shall firstly go to the heirs, being the relatives specified in class I of the Schedule of Hindu Succession Act. Here is the list of legal heir under the Hindu personal law.

  • Son,
  • Daughter,
  • Widow
  • Mother
  • Son of a pre-deceased son
  • Daughter of a pre-deceased son
  • Son of a pre-deceased daughter
  • Daughter of a pre-deceased daughter
  • Widow of a pre-deceased son
  • Son of a pre-deceased son of a pre-deceased son
  • Daughter of a pre-deceased son of a pre-deceased son
  • Widow of a pre-deceased son of a pre-deceased son.

3) Who are the legal heirs when there is no surviving heir from the list above?

In such situations, the legal heirs are listed in Class II of the Hindu Succession Act. Heirs under class II are,

Class II:

I

Father.

II

Son’s daughter’s son,

son’s daughter’s daughter,

brother,

sister.

III.

Daughter’s son’s son,

daughter’s son’s daughter,

daughter’s daughter’s son,

daughter’s daughter’s daughter.

IV

Brother’s son,

sister’s son,

brother’s daughter,

sister’s daughter.

V.

Father’s father

father’s mother.

Father’s widow

brother’s widow.

VII

Father’s brother

father’s sister.

VIII.

Mother’s father

mother’s mother.

IX

Mother’s brother

mother’s sister

Here, since he has died intestate, and since his son isn't alive,  your mother and grandmother will get equal shares.

Hopefully this helps and you have understood the legal heir meaning!

Regards,

Raksha 

 


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