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Arjun D   07 June 2021

Legal heirs rights

Hi sir,
My father passed away in 2017. My father had a property which generates rental income. The legal heir for my father are my father.s mother , my mother , me and my sister . Now, my grandmother passed away in 2021 .  I would like to know , if the legal heirs of my grandmother can claim rights on father.s property .
Thanks .



 2 Replies

VIPIN RANA (ADVOCATE)     07 June 2021

The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will be given to the deceased's agnates or relatives through male lineage. If there are no agnates or relatives through the male's lineage, then the property is given to the cognates or any relative through the lineage of females.

There are two classes of heirs that are delineated by the Act.

Class I heirs are sons, daughters, widows, mother and grandchildren

If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son, or the widow of a brother has remarried, she is not entitled to receive the inheritance.

Class II heirs are categorized as follows and are given the property of the deceased in the following order:

  1. Father
  2. Son's / daughter's son
  3. Son's / daughter's daughter
  4. Brother
  5. Sister
  6. Daughter's / son's son
  7. Daughter's / son's daughter
  8. Daughter's / daughter's son
  9. Daughter's /daughter's daughter
  10. Brother's son
  11. Sister's son
  12. Brother's daughter

 

Vasundhara Singh (Student)     08 June 2021

Hello!  

According to Hindu Succession Act if the Hindu male dies intestate that means without any will, his property devolves as per Section 8 of the Act. If the property is partitioned share will be given to his wife, mother, daughter and son equally as they are his legal heirs according to the Act. As per your query, your grandmother also passed intestate, that is without any will and therefore whatever property she holds will be distributed as per Hindu Succession Act under Section 15 and 16.  

According to rules, the property will first dissolve on the sons and daughters of the deceased female and if they are not alive, then the property will be distributed to legal heirs of her husband as per the rules mentioned in Section 8 of the Act.  

 Best Regards,         

Vasundhara Singh  


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