Dear sir, My grandfather (father's father) had 5 sons and 2 daughters. The land does not have a registered deed. The house tax is still on grandfathers name. My grand father, grandmother and all the 5 sons died. Out of five, one didnt marry and the remaining four sons have two children each. Out of the two daughters one is a widow and the other has two children. There is no will 1. Do the widowed daughter-in-laws have any share in the property? 2. Who are the legal heirs of the above property? 3.How should the property be distributed? Regards Jacob
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Hi, as the property is the ancestral property of your grand father so all the male members have right over the property and Daughters of your grand father have no right over the property.
2. From the above all the legal heirs of the male members have right over the property and it has to be distribute equally.
1) on demise of grandfather all his children would have equal share in property
2) the. Share of deceased son would devolve on his wife and kids
3) since one son died a bachelor his share would devolve on his surviving brothers and sisters
1. If there is no registered deed then how do you trace the title to your grandfather? Merely having the house tax bill in your name does not make you the owner of the property. Be that as it may, there has to be someone to impeach your title through succession on this ground.
2. The grandchildren of your grandfather and the two surviving daughters have succeeded to the property equally. The in-laws of the widowed daughter do not have a share in her share.
3. All the heirs can execute a partition deed to partition the property.
As per section 5 of Indian Succession Act,
Law regulating succession to deceased person’s immovable and movable property, respectively.—
(1) Succession to the immovable property in [India] of a person deceased shall be regulated by the law of [India], wherever such person may have had his domicile at the time of his death.
As per section 30 of the act; As to what property deceased considered to have died intestate.—A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. (i) A has left no will. He has died intestate in respect of the whole of his property.
As per section 33 of the act:
Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.—Where the intestate has left a widow—
(a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants,
Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line, or between a man and his son, grandson, great-grandson and so downwards in direct descending line. A person’s father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on.
Kindred or consanguinity.—Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.
Where intestate has left no widow, and where he has left no kindred.—Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants.
Where intestate has left child or children only.—Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
Where intestate has left no child, but grand-child or grand-children.—Where the intestate has not left surviving him any child but has left a grand-child or grand-children and no more remote descendant through a deceased grand-child, the property shall belong to his surviving grand-child if there is one, or shall be equally divided among all his surviving grand-children.
Thus as per the provisions of Indian Succession Act, the intestate properties shall devolve on all the surviving legal heirs as mentioned in the above lines, i.e., the properties can be divided into 6 shares, surviving sons and daughters getting one such share and the legal heirs (widow and children) of the deceased sons getting one such share in respect of the deceased son which can be further divided among themselves.
1. Yes, the siblings of your grandfather, including his daughters, will get equal share on his property if he has died after the year 2005. The widowed daughter in laws will share the inherited portions of their deceased husbands along with their children,
2. If your grandfather had died before 2005, only his sons will inherit his properties and the wives and children of the deceased sons of your grandfather will be the legal heirs of the properties of yur grandfather,
3. The properties should be equally distributed amongst the deceased sons of your grandfather and thereafter each deceased son's share will be equally shared by their wives and sons.
