mohit (Department incharge) 29 May 2012

Trnsfr of property on d name of spouse aftr death of husband

Dear All,

Request you to please help me in the following matter.

My Grandfather expired 6 months before but he has not made any will when he was alive. Now my grandmother wants to divide the property between the two brothers (my uncles) . We met a lawyer for the same, but he said that first the property is to get transferred in the name of my grandmother after that only she can divide the property between my uncle's but for that he suggested to take the signatures of all the children of my grandmother i.e 5 daughter's and 2 brothers but one of the brother (i.e: my uncle is not ready to sign the documents as he want the whole property on his name). Kindly suggest so that the property can be distributed equally among the 2 brothers according to the wish of my grandmother.

Thanks in advance.

Reply Follow

4 Replies

Adv Archana Deshmukh (Practicing Advocate) 31 May 2012

Legally speaking the grandmother and 5 daughters and 2 sons all have equal shares in the property. So the share of your uncle comes to 1/8th only. However the daughters and the grandmother can relinquish their shares if they want only the 2 brothers to get the property 50-50.

Krish (unavailable) 31 May 2012

Assuming that there is NO written will by your grandfather, then all would get an equal share in property. If there was a Will that stated that it should be divided between the two sons only them only can it be transferred only to their names.

Rajat (Advocate) 18 June 2012

Since your grandfather died without a will, soon after his death, as per the Hindu Law on Succession, the property gains the character of ancestral property. If at all the property needs to be transferred only to some specific heirs, the other heirs need to relinquish their shares by a 'Release Deed' in favor of the specific heirs to whom the property is intended to be transferred by your Grandmother.