• Grandfather

My greate grand fathet had a 5.5 cent property, and died without any will or document, my grand father also died, he wrote a will as half ofthe share to my father, half shared between sister, when he wrote a will my grand father was paralised and unstable mibd, but subsequently the will was not proved in court, my father born to his deceasded first wife, then 2nd wife also decesed without children, then my grandfather married 3rd wife, she has two daughters, what is their rights on my greate grand fathers property, my advocate said, the partition between my grand father and my father, after that from grand fathers property will be divided as four share between my father, step mother and step sisters pls.calarify?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

You have been advised rightly the step sisters will have equal share in the property.

Reason being that the property was divided between two ancestors and the will was not proved in the court, therefore the division will take place as per the provisions of the Hindu Succession Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

On grandfather demise his property would devolve on father , his sister ,step mother , 2 step sisters

2) the probate petition was dismissed as will was not proved by your father

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Since itni your grnadfsthers property and grandfather has expired so on his death the property shall devide in to all his legal heirs equally that is leaving wife and all children.

I don't understand why your lawyer is saying that first partition between father and grandfather since the GrandFather has inherited property and in case will is not approved rules of intestate succession applies on death of grand fathers and all get equal share including son, daughter and wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) on grandfather demise property would devolve on his legal heirs equally as will of grand father has not been proved

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. If the Will of the great grandfather is not proved then his property became liable for distribution among his legal heirs in equal share.

2. At the time of death of your grand father only the surviving descendants were his legal heir and not the unborn children of your grandfather.

3. Now the share of your father crystallised on his birth and his due share determined at that point of time remains unchanged on birth of his step brothers and sisters.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Please note that since your great grandfather had died without leaving a Will your grandfather had no right to write a will as such your father has no legal right on will executed by your grandfather.

Your great grandfather property will be divided equally into four shares one of your father one of 3rd step mother and two share of step sister as such each will get 1/4th of property. You cannot claim any share than what is specified under Hindu law as such your advocate has rightly guided you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello,

Your advocate is right and yes they do have the share of the said property.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. To you, it is an ancestral property since the will of your great grand father has been probated for which there in no interruption in the flow of title of the property for 4 generations from your great grandfather to you.

2. So, along with the living grandchildren of your great grandfather or their legal heirs in case of their demise, the great grandchildren also will get share of their ancestral property.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If the will of your grandfather can be probated, then it will not be considered as an ancestral property to you and in that event your father will get 50% share of your great grandfather's as well as his father's property and the remaining 50% will be shared by his two step sisters.

2. If the said will is not probated then the said property will be equally divided amongst the legal heirs of your grandfather being your father and his two step sisters.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Firstly, there would be two shares of your grand father and father.

Secondly, your grandfathers notional portion would be devided amongst all members including your step plus sisters, plus you plus your father.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Querist

as Per Hindu Succession Law, the property will be distributed between, your father, his stepmother and stepsisters only, if your grandfather is not alive.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

The third marriage of your grandfather is legally valid and the third wife and the children born of their third marriage are legitimate.

The third wife and the children born to her through her marriage with your grandfather constitute one among the legal heirs of your grandfather.

Though your great grandfather died intestate, your grandfather inherited the property and has divided them between your father and his sister through a will, though the will was not proved.

However the third wife and her two children being legal heirs of your deceased grandfather are entitled to an equal share in the property at par with your father and his sister.

They can partition the property equally among themselves, but since this property has fallen on the fourth generation (i.e., you) also, it can be even treated as ancestral properties.

Thus the property shall be first divided into five equal shares and out of one such equal share allotted to your father, you and your siblings can claim a share by dividing it equally to number of shares as per number of your siblings along with your father,

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You mean first partition will take place between my father and grand father, then my grandfather property distributed equaly, and my father gets 5/8 share,pls.clarify

If your grandfather is not living then the property shall be partitioned among your father, his sister, his step mother and his two step sisters, i.e., into 5 shares, and your father shall be entitled to one such equal share.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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