• Will

Mrs a women acquired the propeety through her own rights and she makes the will as followsafter her death the property is entitled to her husband only no legal heirs had any claim as long as her husband lives.now the husband also dies leaving 5 legal heirs.so in order to obtain the property whether grand children consent is necessary ,all the 5 legal heirs are alive as on date.
Asked 1 year ago in Property Law from salem, Tamil Nadu
Religion: Hindu

No the consent of grand children are not required the 5 legal heirs of the husband and Mrs. A shall have rights over the property and by will and death certificate of both they can get mutated in there favour.

Shubham Jhajharia
Advocate, Ahmedabad
22817 Answers
92 Consultations

5.0 on 5.0

Hello,

1) No permission required to be obtained from grandchildren as the property is self acquired.

2) The Will and its stipulations hold good

 

S J Mathew
Advocate, Mumbai
2480 Answers
110 Consultations

5.0 on 5.0

on husband death 5 legal heirs would inherit the property

 

2) consent of grand children is not required 

Ajay Sethi
Advocate, Mumbai
71985 Answers
4327 Consultations

5.0 on 5.0

Hello, 

Indian law concerning Hindus is very clear that self acquired intestate (no will made) property only of the deceased male/female Hindu is inherited by his/her sons and daughters in equal proportion along with the surviving spouse. The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17401 Answers
280 Consultations

5.0 on 5.0

1) Yes, All grandchildren are legal heirs and need to probate WILL from court.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Grand son consent not required. 

Mohammed Mujeeb
Advocate, Hyderabad
13789 Answers
6 Consultations

4.5 on 5.0

Dear Client,

Grand children has no claim, property will inherit by 1/5th each in his children.

Yogendra Singh Rajawat
Advocate, Jaipur
16678 Answers
21 Consultations

4.6 on 5.0

If husband died after the lady who made the Will, then the property will go to legal heirs of husband

As the party is a Hindu, the grandchildren are excluded from inheriting if the class 1 legal heirs are alive

The class 1 legal heirs include children

As children of the husband are alive, the grandchildren have no rights and thus their consent is not needed

Yusuf Rampurawala
Advocate, Mumbai
4855 Answers
29 Consultations

5.0 on 5.0

Hi,

Just for clarification sake, legal heir means children of Mrs.A and her husband. If yes, then in that case the consent of grandchildren is not required. 

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

5.0 on 5.0

1. The law of inheritance operates as per law which can not be override by private agreement.

2. Now on death of her husband the property acquired by her husband from his wife opens for succession among his children in equal undivided 1/5th share.

3. in this consent of grand children is not necessary at all. 

Devajyoti Barman
Advocate, Kolkata
18586 Answers
266 Consultations

5.0 on 5.0

The husband of the deceased woman testator acquired the her property which she bequeathed through the Will, thus he becomes absolute owner of the property. 

Now upon his intestate death, his own legal heirs i.e., his children shall become his successors in interest.

It shall devolve on them equally and not on their next generation children. 

This is not ancestral property, hence the legal heirs of the decesed father alone are entitled to succeed/inherit this property. 

T Kalaiselvan
Advocate, Vellore
61904 Answers
799 Consultations

5.0 on 5.0

Who are you with regard to this property?

If you are the legal heirs, then the grandchildrens are entitled to equal share.

Rajaganapathy Ganesan
Advocate, Chennai
1669 Answers
8 Consultations

4.9 on 5.0

1. ALL the residual Legal Heirs of Woman & her Husband are entitled to EQUAL share of the deceased's property and they must execute a registered "Family Settlement Deed", with mutual consent and signatures, sharing the property ratios amongst them.

2. IF Family Settlement Deed is not possible, then the legal heirs have to get a Letter of Administration /Probate of the WILL, by following due procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
3666 Answers
19 Consultations

5.0 on 5.0

If it's an ancestral Property then all legal heirs including their children consent and NOC. Otherwise the 5 legal heirs.

Prashant Nayak
Advocate, Mumbai
16663 Answers
30 Consultations

4.6 on 5.0

1. After the demise of husband the property devolved on Class 1 heirs of husband i.e his children. They have succeeded equally through intestate succession. The heirs should now apply for mutation of inheritance.

2. Grandchildren have no rights in the property, consequently their consent is not at all required.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

If there is a clause in the Will that after the death of her husband the property shall vest in the legal heirs, the legal heirs shall then be jointly entitled to the estate by virtue of that Will.

Swaminathan Neelakantan
Advocate, Coimbatore
609 Answers
6 Consultations

4.9 on 5.0

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