Brother children have claim in their father`s assets and Sole ownership in gift property vest in you.
Inheritance when acquired property in India held jointly and only one holder remains
Iam part of a group of family donees from an uncle. My uncle was jointly holding 74 cents of land and a house along with two other brothers of his. He gifted all the rights he enjoyed in the property to us properly documented and registered to enjoy along with the other holders unrestricted in 1964 My uncle passed away in 1985, his brothers passed away in 1986 and 1987. The property was self acquired. What is now our right - is it sole owner. His brothers passed away intestate No claims from their children till now.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
You would only inherit uncle one third share in property
2) your 2 uncle share would devolve on their legal heirs
As the property is self acquired and conveyed in accordance with law, you have absolute riggts over the property .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Three of the donees have passed away intestate and have legal heirs. One donee passed away without heirs
Asked 6 years ago
Share of donee who does not have legal heirs would devolve on his surviving siblings
Three donees passed away intestate with legal heirs One donee passed away without legal heirs intestate. Will the legal heirs have right in property of their predecessors when property is originally gifted
Asked 6 years ago
Donee share will inherit in their legal heirs and heir less donee share will inherit in his brother.
share of donee would devolve on his legal heirs as per provisions of hindu succession act
1. you remain co-owner only for the share which was originally gifted to you
2. the balance will continue to be held by the legal heirs of the deceased co-owners
3. you need to prepare a family tree of the deceased parties to ascertain who all are entitled to claim as their heirs
4. if class 1 heirs are absent then property goes to the next class and so on and so forth
5. you cannot say that the deceased died without any heirs - if there are no heirs in the higher class then you need to find the heirs in the subsequent classes
6. co-owned properties do not devolve on surviving co-owner by survivorship.
If the uncle was sole owner of the said properties gifted to you without any heirs then you will also enjoy the status of sole owner.
Hi,
As a donee you are free to enjoy the share of property gifted to you. In regards to donee with legal heirs, the property will go to legal hairs and the. The property of brothers of doner uncle will go their children/legal heirs. The property of inestate and without legal heirs donee will be divided among all the donee/legal heirs as per their share/part i.e. each donee will get one part.
Your uncle has transferred his rights alone to you people or he transferred the entire properties to you people.
If the entire property was owned by your uncle and he had transferred the entire properties to you then you shall become an absolute owner of the properties. His brothers' wards cannot claim any share in it since his brothers were just unauthorised occupants of the proeprty and upon their demise there is no claim from their side.
However you may consult a local advocate because since 1987 the property was in your possession till date, hence you can ascertain your rights over it.
The share of the deceased donees shall devolve upon their own successors in interest or the legal heirs. The donee who has not left behind any successor , his share of property shall devolve on other surviving donees.
As the donees have acquired their respective shares in the property either individually or jointly, their share in the property shall devolve on their own legal heirs or successors in interest.
Dear Sir
The share of your uncle which was gifted to you should belong to you even if he has legal heirs they can't claim the land.
The other brothers who dies intestate and thier heirs have not claim the property till date and you are enjoying the possession then heir of those brother can't claim the property now due to limitation.
But the donees who passed away intestate have legal heirs then those legal heirs can claim the share in the property and the donee who dont have heirs his share will be distributed equally among other donees.
