Yes for the self acquired property all the legal.heirs has equal share.
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.
Can all the children get equal property shares, or else what to do to get equal property share for 9 children from their expired father.
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
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
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 ....
Dear Sir,
After the death of your grand father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(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
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood
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.
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.
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.