Inheritance of property through uncle
I have gone through the forum and read few articles for my situation i am getting contradictory info so help me with all possible advice below is the situation
Mr.A(Great Grand Father) had 5 children 3 girls and 2 boys, all born pre-independence and all passed away before 2002 Mr.A made a Gift Deed and passed on his own earned assets to both sons
all the 5 got married the 3 sisters and 2 son
now the 2 sons are B and C,
B had 2 sons and C died without issues, all the sisters in this case have their lineage.
B with sons died and since it joint family C got to be the executor and every thing was handeld solely by him
C passed without legal Heir's and both widowed passed as well
Now my question is in this scenario can the daughters son's have any claim on this property
and Mr.B's Son who also have passed away can their heirs claim this
Kindly Clearify since the people passed away before the 2005 amendment.
I am a Party and am the grandson for Mr.B
Mr.A, Mr.B, and Mr,C and all the three sisters have passed away before 2001
i am no legal expert but is 2005 amendment applicable retrospectively.
i am not very well to do hence i post the query here first, and a favorable answer or a way out is what i am expecting.
Asked in Property Law from Mumbai, Maharashtra
1. The issue herein has no nexus with the 2005 amendment in the first place. The reason being-The property was the self purchased property of A who gifted it to his two sons B and C. In terms of the gift deed both B and C assumed complete ownership rights over this property. Neither the daughters nor their children have any right in this property.
2. Since C died without any issues his property will vest in the children of all his siblings.
3. If B died without making a will then his sons have an equal right in his property.
the sisters themsleves are entitled in this scenario being class 2 heirs. the amendment act has no nexus with your facts and circumstances.
B and C were absolute owners of property since it was gifted to them by their father A . sisters have no share in the property .
since C died intestate and without any issues his property will devolve on his siblings children . B share will devolve on his children