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New Joinee (none)     12 April 2010

Rights under hindu sucession act

in the case of a property jointly held by a father and son, on the demise of the father( without will), as per hindu succession act, The share of the father now becomes of the son, wife and sisters. or does the grandson have a share in this?

 

The mother and the sisters wish to leave the same for the son / mother and in the eventuality of their demise wish the same to be shared amoung the sisters. They do not want this to go to the grandchildren on the son who have been harrassing both the grandmother and father, but are still living in the same house

What is the necessary procedure for the same. Looking forward for an early response



Learning

 3 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     12 April 2010

grandson is not entitled to any such property subject to certain conditions please refere as followings:

grandson's father is living then as per the law of succesion part to be recived to father(SON) will be after wards or demise of father(SON) will be passed on to grandson.

as such there is similarity on above grandson will not be entitled to directly share from the main part of the property.

AEJAZ AHMED (Legal Consultant/Lawyer)     12 April 2010

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 give 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 males or females.

 

 

THE SCHEDULE

[Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

 

          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.

 

CLASS II

 

I.       Father

II       (1) Son's daughter's son, (2) son's daughter's daughter,(3)  brother, (4) sister.

III      (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.

IV.     (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.

V.       Father's father; father's mother.

VI.     Father's widow; brother's widow.

VII.    Father's brother; fathers' sister.

VIII.   Mother's father; mother's mother.

 IX.     Mother's brother, mother's sister.

 

As per the above two classes, there is no right of  "Grand-son" during the life time of son

New Joinee (none)     12 April 2010

Thank you for the clarity of the grandson's right.

 

Please can you assist in the procedure to obtain the foll result;

Now that the grandfather is no more, the children & grandmother wish that the property remains the property of the grandmother and the elder son till both are living and then it becomes the property of the other children ( sisters& younger brother) but does not go to the kids of the elder son.

Could a will by the class II hiers that this property is the property till the grandmother and elders son are alive, then it becomes the property of the remaining children in equal share.

 

Could this be done and what is the procedure for the same.

 

Thanks and looking forward to your response on the same


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