Grandmother would have equal share in deceased father estate
Intkaal of Property after death of my father
My father have 5 brothers and a sister. My grandmother is also alive. When my grandfather died, equal right was given to 8 people through intkaal- 6 sons, 1 sister and wife of my grandfather. Now my father died last year without a will. He is servived by a son( me), two daughters and wife. Now the inherited property of my father will be divided into 4 parts or my grandmother will also be entitled to equal 5th share in the property thats is inherited from her husband( my grandfather) Tehsildar is saying so.
Asked 4 years ago in Property Law
Religion: Hindu
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20 Answers
What's your question sir
My father and my grandmother inherited equal 1/8th share when my grandfather died. Now what is the rationale of giving 1/5th share from the 1/8th share owned by my father? Grandmother will have 1/8+1/40. And balance 1/7*4/5 for father's wife and children.
Asked 4 years ago
My grandfather died servived by 7 children and wife. Property of my grandfather divided into 8 equal shares. Now my father died without a will, servived by wife and 3 children. Grandmother is also alive. Now how many shares of the property inherited by my father from his father. 4 ( wife & children) or 5 ( wife, children & mother)? Fact is my grandmother already had 1/8 th share from original division when my grandfather died.
Asked 4 years ago
Hindu succession act provides that on demise of son his mother , wife and children have equal share in property
Grandmother would inherit an additional share on demise of her son
- As per law , a mother is the rightful heir of the properties of her son's properties who has died intestate.
- Otherside, she has no right , if the said property was alloted to her son in a family partition as legal heir, and not coparcener under the Hindu Succession Act.
- Since, after the death of grandfather, your grandmother was also given her share under a family settlement , then , yours fathers property will be distributed amongst his legal heirs only.
- Better to move an applicaton before the Tehsildar after narrating all the details of family settlement.
The property was divided after the death of your grandfather. The property which belongs to your father will be divided amongst his children and wife.
No one else can get a share in that property which was received by your father.
That tehsildar is a fool.
5, because mother will also have a share. She is one of the clss-I heirs.
1. Grand mother shall also have share in his deceased son's property as per the succession law.
See it is law rationality is decided by legislation in the case the distribution shall be as per the law.
See in fathers share the children , wife and grand mother shall have equal share.
A mother is entitled to receive a share of her deceased son's property.
The mother is a legal heir of the deceased son.
The legal heirs of the deceased son are his wife, son, daughter and the mother and mother can claim equal share.
You can challenge the same you can object the aforesaid distribution then it will be good
Your grandmother will also be entitled for 1/5 share from the property As she is legal heir of your Father.
But you can get consent from her if she agrees to give her share From property of your father to all of you.
The legal hei5s of your deceased father are his wife, children and mother.
Therefore the property inherited or owned by your father shall devolve equally among is own legal heirs, hence your grandmother is also entitled to an equal share in the properties left behind by your deceased father at par with the other legal heirs/successors in interest.
There is no such thing called rationale in this distribution of properties of your deceased father among his own legal heirs.
In fact this will be the similar condition with your own mother also i.e., she will inherit this 1/5th share now, and suppose her son is dying intestate then she will be entitled to a legitimate share out of her son's proeprty as well.
This is law, Hindu law of succession.
You cannot question the law.
The properties left behind by your deceased father shall be divided into five equal parts and your grandmother shall be entitled to have one such share.
Dear Sir,
Yes, your mother also having share in your father's property
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 [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
- Father.
- (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
