• Clarification on property rights for children of deceased

My grandfather had eight daughters (and no son) out of which 4 are surviving and 4 have expired. My grandparents expired in the 60s without leaving any Will. My mother, who was the eldest daughter expired in year 2000 and my father expired in 2002. I want to know whether I can claim any share in the property of my grandparents or whether the surviving four daughters are only eligible for my grandparent's property?
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1)on grand parents demise their property would devolve on their 8 children equally

2) on demise of your mother ie eldest daughter her share in property would devolve on you and your siblings

3) similarly on demise of other daughters their share would devolve on their legal heirs

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. Since your grandparents passed away without making a will their properties devolved through succession equally on all their 8 daughters, each of whom had a 1/8th share in the property.

2. ON the demise of your mother her 1/8th share devolved further on her widower and all children. On the demise of your father his share also devolved on you and your siblings (if any). So you are free to make a bequest to the extent of your own share therein/

3. You can also file a suit for partition to seek division of the property and separate possession if it is still undivided.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

contact a lawyer

2) on basis of your instructions lawyer would draft the will

3) you have to execute the will in presence of 2 attesting witnesses

4) registration of will is optional

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Get a flawless will drafted by a lawyer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. On the intestate death of your grandparents, all their children (in the instant case 8 daughters), are entitled to equal share in your grandparents' property, whether the legal heirs are alive or not.

2. In the case of deceased legal heirs, the entitlement shall be distributed amongst their spouse & children. In other words, the entitlement of the share of deceased person shall be subdivided equally amongst his family members.

3. You can claim your share in your grandparents' property to the extent of your share.

4. You are at liberty to execute a WILL in respect of your property by contacting a Lawyer.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the property in question belonging to your grandfather was self-acquired, the same would be divided into eight shares/part, each one of it coming to every daughter. In case the deceased daughter(s), the 1/8th share would go to her legal heirs.

If the property in question is ancestral, none of the daughter's would be having any right in the sad property.

Engage a local lawyer to get a will meticulously drafted locally.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You will have to make a will and get it registered and after your death the legal heirs can get it probated in their favor.

Let me know if any help is required in Bangalore.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The property left behind by your grandfather and upon his intestate death, it devolves equally on all his legal heirs.

You can file a partition suit claiming your share out of your mother's share in the property.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2495 Consultations

First you acquire your share of property and write a will after that accordingly.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2495 Consultations

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