• Grandfathers Property

Hi, 

My grandfather died 28 years ago. And my father died 15 years ago. Now my grandmother has given a veelunaama(rights after her death) to her daughter. How much percent of land will transfer to my grandmothers daughter out out of 1 acre.
Asked 15 days ago in Property Law
Religion: Hindu

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12 Answers

1) Grand mother will have 50% share and grand sons will get 50% share. Yes, there will be aunty's share in the grand mother 50% share ,50% your father's share.

 

2)DKT land is specifically for poor farmers cultivation purpose only. So, your name will appear as grandson on the property.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

On grand father death grandmother , your father and your aunt had one third share in property 

 

grand mother can execute gift deed or will for only her one third share in property 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

 

On grand father death his 50 per cent share in property would devolve on grand mother , your father and aunt equally 

 

your father share on his demise would devolve on your mother , you and your siblings equally 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

In grand mother share on her demise intestate it would devolve on your aunt and legal heirs of your father equally 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1) Yes, your father will also have share I. The grand mother's share.

 

2) Yes, but only cultivation rights and not for sale 

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

The property which was on the name of your deceased grandfather, upon his intestate death, devolved on all his legal heirs consisting your grandmother, and his children which includes your deceased father. 

Therefore your grandmother cannot bequeath the entire property in favor of the person of her choice.  Since your father died, you and your mother along with other siblings are entitled to the legitimate share that your deceased father was entitled out of his father's property.

Therefore if your family members were not allotted with your entitled share in that property, you may file a suit for partition and claim your respective share out of the said proeprty even now. 

You can ignore  the fact of your grandmother bequeathing a Will in favor of her daughter and proceed as suggested.. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

- As per law, after the demise of your grandfather and father intestate, his property would be devolved upon their legal heirs equally. 

- Further, as the said property was jointly owned by the grandfather and father , then the half share of grandfather can be claimed by your grandmother, daughter and sons including your father. 

- Further, the half share of your father will go to you and siblings , if mother is not alive. 

- Further, your fathers share in the share of grandfather will also devolved upon you two brothers. 

Mohammed Shahzad
Advocate, Delhi
10662 Answers
132 Consultations

5.0 on 5.0

1.  The property was purchased on the names of your grandfather and your father.

Therefore as legal heirs to your father's share in it, you, your siblings, your mother and your grandmother shall become class I legal heirs to your deceased father to succeed huis share in the property.  This share of property exclusively belonged to your father, i.e., half of the property.

Now the second half which was on your deceased grandfather's name again devolves on his own legal heirs, your father is one of the class I legal heirs to your deceased grandfather along with his own siblings and mother.

Thus your father's share shall again devolve on you, your siblings, your mother and your grandmother.

Therefore your father's sister being one of the class I legal heirs to her father, is entitled to one share as a lawful right. 

 

2. DKT or Darakastu land is a wasteland assigned to the poor and downtrodden people of the state in Andhra Pradesh. The state government assigns land to poor people who do not have enough resources. This land is assigned for cultivation purposes only and no transaction such as sale or buying can happen on this land.

The assignee cannot sell this land to anyone. He/she can only return the land to the government after producing their income certificates. Sale of DKT lands is illegal as per rules in force. However, they can be transferred to legal heir. The Chief Commissioner of Land Administration (CCLA) also expressed the view that the lands assigned to the poor and landless prior to 18.6.954 would not attract the rule prohibiting the transfer of lands.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Your grandmother, being one of the class I legal heirs to her husband and one of the class I legal heirs to your deceased father, is entitled to one share each out of the respective shares of property accordinlgy. Therefore in that capacity your grandmother can give her share of property to whomsoever she may desire/choose, neither your father nor you people can claim a share out of your grandmother's share in the property as a right. 

 

2.  Your grandmother being one of the legal heirs to your deceased grandfather/assignee is entitle to a share in that property also. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Hi,

 

ques 1 - yes

ques 2 yes.

thanks

Riti Gupta
Advocate, Mohali
16 Answers

Not rated

Dear client I am sorry to hear that but in this case the property will be equally divided among all the heir

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

Yes .To the extent of your mothers share 

Yes she has right if she was a legal heir in property 

 

 

 

 

 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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