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Natraj   16 June 2020

Property

Hi My grand father passed away 10 years back and he have three children. First is daughter, second son (my father), third son (Passed away). Now we have one property which is still in my grand father name. Who will liable to acquire the property. Will third son wife (daughter in law of my grand father) or their children have right on the property. Thanks


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 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 June 2020

The property shall be devolved among the daughter (your aunt), your father, and the second son's wife and children in three shares i.e. one to your aunt, second to your father, and third to the family (legal heirs) of the deceased son.

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Natraj   16 June 2020

Thanks for the reply. My aunty (Father sister) is ready to release the property to my father, but my another aunty (Father brother wife) is not ready and she wants to transfer the property in her name. Can you please advise how legally we can move further to acquire the propery (constructed building).

Virtual Legal Assistant (.)     16 June 2020

 

Hello Sir/Maam,

The personal laws of succession vary based on the personal law applicable to the deceased (your grandfather). Please mention which is the personal law applicable - Hindu Succession Act or Indian Succession Act.

However, according to the facts mentioned above, the disputed property is Ancestral as your grandfather died intestate. The children are understood to be coparceners in the father’s property. Hence the disputed property should be divided equally amongst the lineal descendants of the deceased. In the absence of the third child, his family will get their share. To claim share over the disputed property, you require either a letter of administration or succession certificate issued by the court.


Letter of administration is granted by a competent court in order to distribute the assets of the deceased amongst his heirs. It can be acquired by filing a petition in a competent court.

Succession certificate is issued to establish the legal heirs of the deceased. By the help of succession certificate, one has the right to distribute the assets of the deceased under the relevant personal laws.

After going through your query, in my opinion, when a person dies intestate, the probate court designates an executor. An executor is a person designated by the testator to carry out the terms of the will.
File an application for the letter of Administration in the competent court. Letter of Administration would grant the same administrative rights than an executor would have enjoyed.

Hope this helps.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     17 June 2020

Originally posted by : Natraj

Hi My grand father passed away 10 years back and he have three children. First is daughter, second son (my father), third son (Passed away). Now we have one property which is still in my grand father name. Who will liable to acquire the property....The property will be divided into three equal ratios, your grandfather's daughter will inherit one share,your grandgather's deceased son's widow & children will inherit one share  and your father will get one share.To mutate the names in the Record of Rights through Declaratory Affidavit,those heirs and heiresses have to apply for Legal Heir Certificate and if your father's sister wishes to release her undivided share in your father's favour,then she in registered manner can gift her share in favour of your father.

 

Will third son wife (daughter in law of my grand father) or their children have right on the property.....Yes,however,your father can ask them to sale their undivided share in registered manner to your father at reasonable cost to avoid the formalities of Partition .

Thanks

 

P. Venu (Advocate)     17 June 2020

Yes, all the children have equal shares (the grandmother, if alive, also have an equal share). In fact, the property, on the death of the grandfather, is already vested with all the legal heirs. Relinquishment, if any by any of the joint-holders, cannot but be voluntary.

The best option is for the joint-holders to join together to execute a partition or settlement deed; the aspect of relinquishment could also taken care in the process. In most of the States, execution of such deeds require only nominal stamp duty. 

G.L.N. Prasad (Retired employee.)     17 June 2020

Get the settlement deed the status of Award from Lokadalat and get it indexed through them to Registrar office to safeguard all disputes in future.


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