on demise of father your grand mother , mother , son , daughter have equal share in property
2) your grand father has no share in property
3) on demise of grand mother her share would devolve on your father siblings , legal heirs of predeceased son
Succession of father's self acquired property
My father died intestate leaving 6 self acquired properties. He is survived by his wife, son, daughter, mother and father. In the event that all his properties are self acquired, I have 2 questions 1. How is the succession decided from self acquired property 2. If my father's mother has a claim in the self acquired property of my father, can my father's siblings stake claim in the share of my grandmother after her lifetime.
Asked 6 years ago in Property Law
Religion: Hindu
16 Answers
1. The class 1 heirs of a Hindu male dying intestate are his mother, widow and children.
2. In your case his properties have devolved through intestate succession on you, your mother, sister and your grandmother, each one of whom has a 1/4th share in the property.
3. Your father's siblings have no share whatsoever in his properties during the lifetime of your grandmother, but if she too dies intestate then her share will devolve on her children (including children of pre-deceased children) through intestate succession.
4. The division of property can take place amicably by executing a partition deed.
Your father's self-acquired properties shall be distributed equally among: your grandmother, mother, your sister and yourself. All of you shall get one-fourth share. Your grandfather will not be entitled to any.
After your grandmother's lifetime, her legal heirs shall inherit her estate.
Hi,
In case of succession, there will be share of father, mother, son daughter and wife in equal parts i.e. 20% each to all. In the share obtained by mother or father through this succession, siblings of your father will have no right.
Dear Client,
Wife, son, daughter and mother will inherit his properties equally i.e. 1/4th each, father has no inheritance right. If your grand mother dies intestate than her share will inherit in her children. So ask you grand mother to either execute release deed in you/your family favor or execute WILL so that after her demise, your father property(1/4th) stay with your family only.
Dear Sir,
After the death of your father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
- 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.
Hindu Succession Act, 1956 THE SCHEDULE [Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
1. Father.
II (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
(1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
Father’s father; father’s mother.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Mother’s brother; mother’s sister.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.
It will be distributed equally among all heirs in this case.
If it is acquired out of his earnings then he is empowered to dispose off the properties to anyone .
Regards
G.Rajaganapathy
High Court of Madras
1. In the same manner, at par with the ancestral property. All the legal heirs will get equal share as per the hindu Succession Act.
2. Yes they can stake claim
1. property will devolve on mother, widow and children equally
2. the children of grandmother can make a claim in the share she received on inheritance from your father, provided that share was not disposed of by her in her lifetime or she has not left any Will for such share
Dear Client,
Your father may transfer his property by way of will to body.
Your father's sibling may claim if the property of your father is transferred to your grand mother.
1. See you along with your siblings mother and grandmother shall have equal share in property as per hindu succession act.
2. Yes they can stake claim in her share if she fail to gift or will it to your family.
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir class1 i.e Wife, mother, sons, daughters.
After your grandmother's her legal heirs shall inherit her estate.
Dear client
The succession of your father self acquired property will be decided by Hindu succession act.
And according to Hindu succession act the property of deceased person will be divided among class 1 heirs in equal share.
And class 1 heirs includes Mother,Wife and Children of the deceased person so the property of your father will be divided in four equal parts and divided among wife, Mother and two children equally.
And answer for your second is that yes her share will be divided among her legal heirs that is other children also. According to Hindu succession act
And if she writes her will about the property then it will be distributed according to the will.
1. In case of intestate succession all the class 1 legal heirs I would have equal share in the self acquired property of the deceased person.
In this case wife, children and mother would have equal share.
2. Yes
1. Upon your father's intestate death all his properties shall devolve on all his legal heirs consisting his wife, children and mother.
2. 2. Your father's mother being a legal heir to your father, is very much entitled to her legitimate share in the properties left behind by your father.
If your grandmother did not transfer the properties so acquired during lifetime to any other person, then after her death her share of properties shall revert to the other legal heirs of your father
