Chandan Kumar 18 March 2018

Partition of son's property if son dies before mother

Sir, my grandfather purchased a land. He had four sons. After sometime my elder uncle died leaving his wife. My uncle was not having any child only left his wife but my grandmother was alive after the death of my uncle. Now my grandmother and grandfather recently died. Now, how the share of my elder uncle will be divided? Can my father and other uncle have share right in my elder uncle share because my grandmother died after my elder uncle death? So, should my elder uncle share be divided into two parts, one for my grandmother and other for his wife? And can my father and other uncle get share from share of grandmother?

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Kumar Doab (FIN) 18 March 2018

You have not posted; Which personal law applies in this case?

Or say; Are all involved Hindu?

Kumar Doab (FIN) 18 March 2018

Originally posted by : Chandan Kumar
	Sir, my grandfather purchased a land. He had four sons. After sometime my elder uncle died leaving his wife. My uncle was not having any child only left his wife but my grandmother was alive after the death of my uncle. Now my grandmother and grandfather recently died. Now, how the share of my elder uncle will be divided? Can my father and other uncle have share right in my elder uncle share because my grandmother died after my elder uncle death? So, should my elder uncle share be divided into two parts, one for my grandmother and other for his wife? And can my father and other uncle get share from share of grandmother?

Believing that all involved are Hindu;

The pre-deceased son has equal share in property left undisposed by his parents...

Hi shar devolves upon his ClassI legal heirs ...............

Since his mother was alive she being sole heir gets his 100% share..

The mothers' share devolves upn his legal hiers; e.g; sons, daughters..............

So your father shall get share..

Who dies 1st; Grandfather or grandmother...........?

Chandan Kumar 18 March 2018

Sir, my grandmother died before grandfather. And now my elder uncle wife i.e my aunt is alive ( my elder uncle who died) and she want to transfer my uncle whole property to his brother.

Kumar Doab (FIN) 18 March 2018

Regret the error.................

Since deceased uncle left the surviving wife....she also has a share....

She can dispose her share as IT pleases to her..........in favor of anyone even a stranger...

Kumar Doab (FIN) 18 March 2018

You have not responded to all points e.; which personal law applies in this case.............Are all involved Hindu?

You may also confirm if death certificate, legal heir certificate of all deceased was obtained and submitte to O/o authority under whose jurisdiction property falls e.g; MC and mutation records was updated?

Chandan Kumar 18 March 2018

Sir, that means, my elder uncle (who died) will be divided into two parts, one for my grandmother and one for his surviving wife. So my father and other uncle will get the share of my grandmother. Is this true?