• Grand father property

My grand father has 4 sons and 5 daughters. All the daughters and sons got married before 1990. Can 9 members will the legal heirs of the property earned by my grand father who was died in 1996.
Asked 5 years ago in Property Law
Religion: Hindu

14 answers received in 1 day.

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19 Answers

Yes for the self acquired property all the legal.heirs has equal share.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The partition suit can be filed if all the legal heirs doesn't agree for mutual partition.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

All of them will get a share in the property as although the grandfather died before 2005 the property was not divided before 2005 and hence all have a share.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A partition suit must be filed and the property shall be divided.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

all of 9 siblings get equal share in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If any one of sibling is not agreeing for partition than you will have to file suit for partition. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

yes all will have equal shares in the said property

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

It is his self acquired property 

 

all 9 children would have equal share in his property 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

All 9 children have equal share in property 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Hi.

If it is a self acquired property of your grand father, then all the 9 children in equal shares. 

However if your grand father had inherited the property from his father(great grand father), we should then see when did the property pass in to the hands of your grand father. 

If your grand father had obtained the property by way of inheritance and prior  to 1956 , then daughters who got married prior to 1986 will not get any share. 

 

If your grand father had obtained property by way of inheritance and after 1956, then his daughters will get equal share along with his sons by virtue of AP Hindu succession amendment act 1986.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Property will automatically devolved upon all 9 children equally. Nothing to do.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Partition suit will file. All have 1/9th share equally.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

was it the ancestral property or the self acquired property of the grand father ? 


Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

OPTION 01:
1. Since Deceased (GF) had not executed any WILL, hence file Petition before the local Civil /High Court, to issue "Letter of Administration", in favor of the available residual legal heirs of GF, consequent to which the deceased's Property can be transferred appropriately.

OPTION 02:
2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the available residual legal heirs of GF,, wherein the property of deceased can be distributed amongst themselves.

3. Both above process shall confer absolute Title-Ownership of the deceased's property to the Four Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

 

After the death of your  grand father it naturally devolves on the following formula

 

Section 8 in The Hindu Succession Act, 1956

  1. 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 [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.
  2. (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. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. 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.

  1. 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

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes all his children are the legal heirs or successors in interest to succeed your grandfather's property if he is reported to have died intestate.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Al the legal heirs are entitled to get equal share in the property left behind by their father, if not they can approach court with a partition suit, the court will decide based on the practical situation.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property was the self earned property of your grandfather and he has died without leaving any Will to the effect.
  2. Yes, all the children will have to get the succession certificate from the court of district where they have been residing.
  3. Then should apply for the partition as per Hindu Succession Act.
  4. Yes, children of the deceased sons and daughters can also cloak their right being the legal heir for they parents.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If your grandfather died in 1996 then only his sons will be legal heirs of the property of your grandfather.

Daughters are entitled to equal share In property of father if he died after 2005 amendment of Hindu succession act.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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