|Originally posted by : T. Kalaiselvan, Advocate|
|If the proeprty was not partitioned after the death of the property owner by the legal heirs and have not taken physical possession of their respective shares in the proeprty then it can be construed that the deceased grandmother did not inherit her share of property.
Therefore upon her death, her share of property shall revert on the other legal heirs of her deceased son.
Thus the proeprty can be divided into three shares among the existing class I legal heirs of the deceased.
With due respect to learned expert Mr.Kalaiselvan, to my knowledge, the above proposition has no basis in law unless there are binding judicial decision to this effect or he law i.e. Section 15(1) of the Hindu Succession Act in Tamil Nadu has been amended as in Kerala -
"Any property inherited by a female Hindu from her pre-deceased son shall devolve, not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the pre-deceased son from she inherited the property."