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Sakthi Surya   06 March 2023

Transfer of property from grand fathers self acquired propert

My grand father has two wife, first wife have no son, only daughter he has settled them with a lump sum. second wife has 6 sons he asked them to inherit the acres of land among themselves. at present one of the first wife's daughter,s son, claiming that we are the true inheritance of the land, and filed the dispute.

Note: My grand father, and grand Mother died, my father and two of his brothers also died,  the man who filed the dispute his mother also died. 

At present he filed the case including the names of all the girl child of the first wife as the only true legal inheritance and telling that the second wife son are illegally having the land. 

The land is in Collaborative patta on the six sons name.

 

 



Quick Summary
This discussion concerns the inheritance of a grandfather's self-acquired property, specifically land. The grandfather had two wives; the first had a daughter who was settled with a lump sum, while the second had six sons who were intended to inherit the land. A dispute has arisen where a grandson from the first wife's daughter is claiming inheritance rights, challenging the second wife's sons' possession. The legal consensus suggests that all children, regardless of legitimacy, are legal heirs and entitled to equal shares. If a child is deceased, their legal heirs inherit their portion.

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 March 2023

The daughter had also an equal share with other legal heirs.  Now she is no more and hence for her share her legal heirs have an equal share over the property.

P. Venu (Advocate)     06 March 2023

The property settled in favour of the daughter of the first wife is of no consequence.

The property left behind by grandfather would be inherited by all children in equal proportion. Children, even if illegitimate are legal heirs and entitled to inherit their parents'property.

In respect of children who are no more, their respective shares would be inherited by their legal heirs.


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