• Grandfathers property share

Hello Sir.

My Grandfather's property. He passed away in year 1956. My grand mother passed away in 1988.

They had one Daughter and two sons.

 Daughter ( Bua ji ) got married and passed away in 2015. No biological children, has one step son - does he have right in my grand father s property ? 

Other son ( uncle ) passed away in 2000 - Has one Son : i understand he has right in my grand fathers property - what share ? 

Secon son ( Dad ) passed away in 2016. - Has one son ( myself ) and one married daughter. ( my sister ) - do we have equal share in our grand father s property ? Or it gets divided between myself ? My sister ? My cousin and my step cousin ( bua ji step son ) 

Appreciate your response !

Regards

Abhi Patel.
Asked 1 year ago in Property Law from Australia
Religion: Hindu

The daughter would not have any share as her father passed away before 2005, therefore stepson has no share in the property as per Hindu Succession act 2005 amendment.

The two sons would have equal share in the property and since they have passed away there share would be divided between the legal Heirs.

Your cousin would have half share in the entire property and the other half would be divided between you and your sister.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

hello,

the property went to the grandmother, and 1 daughter and two sons. after her death, the property went to the children.

now, the stepson, one son from the other brother and your sister and you are the shareholders of the property

teh property has to be divided 1/3 as there were children of your grandfather.

the stepson would get 1/3.

the second brothers son--1/3

you and your sister--1/3

therefore you shall get half of 1/3.

yes, your sister will get half of what you get.

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

1. The step son of your deceased bhua is not her legal heir. So he does not get a share in her share but it she predeceased her husband then after the lifetime of her husband the step son will succeed to the share of his father I.e.your bhua's husband.

2. The share of your first uncle's son is 1/3rd.

3. The share of your father has devolved equally in you and your sister i.e 1/3rd ÷ 1/2 which comes as 1/6th each.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

On demise of grandparents your bua had one third share in property

2) on demise of daughter ie bua her step son would not inherit his step mother share . If she has no class 1 legal heir her share would devolve on her brothers

3) on demise of Uncle his one third share would devolve on his wife and son equally

4) on demise of father your mother , you and sister inherit his one third share in property

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. Step son of your Buaji has no right on the share of your Buaji on her parental properties.

2. Your uncle's son shall inherit his father's equal share of his father's properties along with your father. So, he will inherit 50% of your late grandfather's properties.

3. You and your sister shall have equal right on your father's 50% share of his father's properties i.e., you and your sister shall inherit 25% each of your grandfather's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

Dear client,

Yes, Adopted children can claim their share. Both of you will have equal share.

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

1) All are the legal heirs in the grand fathers property, except the step son of (Bua ji)

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

Step son does not have any right in the property, if the property is an ancestral property.

He will inherit 1/3rd share in the property, the same as his father would have inherited.

1/6th share each to you and your sister.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Dear sir,

My answers are as follows:

Daughter ( Bua ji ) got married and passed away in 2015. No biological children, has one step son - does he have right in my grand father s property ?

Ans: No, step son has no right.

Other son ( uncle ) passed away in 2000 - Has one Son : i understand he has right in my grand fathers property - what share ?

Ans: Yes, he has a right of inheritance.

Secon son ( Dad ) passed away in 2016. - Has one son ( myself ) and one married daughter. ( my sister ) - do we have equal share in our grand father s property ? Or it gets divided between myself ? My sister ? My cousin and my step cousin ( bua ji step son )

Ans: Yourself and your sister got half share each in the property fallen to the share of your father. And your uncles son get the entire share fallen to the share of his father. The law is as follows.

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Dear Sir,

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

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Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

Firslty, everything depends upon the nature of the property.

Secondly, if the property was the self acquired, and he has died intestate then property will be divided amongst you all as per Hindu Succession Act.

Thirdly, if the property is the anscestral one as it has not been divided yet and after the latest supreme court judgments have created a right the daughters also.

Fourhtly, the property will be divided as per law of inheritance, and all those who have died there will be a notional share of those out which all children then have their share equally.

Rest you are free to contact me for further any assistance.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

All the remaining legal heirs and co parceners have share in your grandfathers property, you need to make a family tree and the portions will be given accordingly.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Dear Client,

On what date, G F expired ? Before or after 17th June,

I assume after 17th June.

Step son has no claim in property if not adopted neither her husband as property inherited from father.

1/3rd of total.

Equal share in father`s 1/3rd share. Mother not alive ?

Bua Ji share left undistributed - which will in her brothers and so in their children.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Daughter ( Bua ji ) got married and passed away in 2015. No biological children, has one step son - does he have right in my grand father s property ?

Ans : she adopted the son as legally or not ? dos the son having any id card about legal heir

Raghu Raman
Advocate, Chennai
7 Answers

Not rated

Daughter ( Bua ji ) got married and passed away in 2015. No biological children, has one step son - does he have right in my grand father s property ?

The step son do not have any rights in the properties of his step mother.

If he was an adopted son then he can claim rights in his adoptive mother's share of property.

Other son ( uncle ) passed away in 2000 - Has one Son : i understand he has right in my grand fathers property - what share ?

The son and the wife of the deceased son have rights for an equal share of their father/husband.

Secon son ( Dad ) passed away in 2016. - Has one son ( myself ) and one married daughter. ( my sister ) - do we have equal share in our grand father s property ? Or it gets divided between myself ? My sister ? My cousin and my step cousin ( bua ji step son )

Basically the properties left behind by your grandfather shall be divided into three equal shares, one for each of his children i.e., his sons and the daughter.

If the daughter is survived by her husband then her share shall devolve on her husband and not on her step son;

The shares of two sons shall devolve equally on their respective legal heirs alone.

So you and your mother and siblings shall be entitled to 1/3 rd share in the properties.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

This is my response to you:

1. First you have to let others know that whether this property is self-acquired or ancestral?

2. If it is ancestral property then everybody who is the legal heir of the grandfather will get equal share and those who are deceased their share will go to their children;

3. Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors;

4. It is self acquired property then only your uncle (1/3) and your father (1/3) and the step son and your bua's husband (both total one third) will get the share of the property;

5. Therefore engage services of a lawyer and get the partition done in a peaceful and organised manner.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

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