Hi Experts, I need your help in regarding to below query. My grandfather having 1 acre land on his name.He passed away in 2007 and my grandmother is alive. My grandfather have 4 grandsons( 2 of them elder sons childerns and 2 of them younger son's childerns). Now my grandmother wants do favour in this for elder son's childerns,she wants put/register whole 1 acre land on there names.is she having any rights to register my grandfather land as she likes without informing to younger son's childerns?.Or else As a grandsons(4 grandchilderns) we only have the rights to share the 1 acre land.Please clarify whether my grandmother has rights on my grandfather's land or not. Regards, Mahesh.M
1) on your grand father death intestate ie without a will your grandmother , your father and his siblings would be legal heirs
2) from facts stated by you it appears that your father and his brother are the only children
3) your grandmother can only bequeath / transfer her 1/3 rd share of land in favour of her grand children as she pleases
4) you can move court and challenge the transfer of one acre of land by grandmother
1. If your grandfather died without making a will then your grandmother and all her children have succeeded to the 1 acre land which he left behind.
2. During the lifetime of the children of your grandfather his grandchildren have no share in the property which was owned by your grandfather.
3. Your grandmother is only of the owners of the property. She can transfer her share in the property to anyone she desires. However, she cannot transfer the share of her children.
A. After the demise of your grandfather leaving without execute a Will, all class I legal heirs will have equal share over the property i.,e children, wife of the deceased person.
B. Therefore, your grandmother cannot alienate the property without obtain release deed from the other sons. You can file a suit for partition of the property and file an application under order 39 rule 1 and 2 of CPC to not to alienate the property till disposal of the suit.
Hi Ashish Davessar, Thank you for your valuable information. Yes you are right my grandfather died without making any will.Now i want explain one more thing to you, i.e my grandfather elder son also expired in 2010, now he is having only one son alive( younger son) In this case is elder son's childerns having any rights on my grandfather's property?if yes explain us how the 1 one acre share will be distribute to all( grandmother,elder sons childerns and younger son) as per law along with sections in india.if no how the land share or rights on land will be between my grandmother and her younger son.who will have more authority on my grandfather land.
1) the 1/3rd share of elder son would on his demise be inherited by his wife and children
2) grandmother and your uncle ie younger son will each have 1/ 3rd share in the land
3) elder son children can file suit for partition to claim their share in land
4) the succession would be governed by provisions of Hindu succession act
1. The wife and children of the dead elder son have inherited his share equally. They can file for partition to cull out their share.
2. During the lifetime of the other son his children have no share in the property which he has inherited from his father (i.e your grandfather).
3. If the grandmother attempts to transfer the entire land to someone in her family the other legal heirs can restrain her by filing for partition.
The deceased grandfather's intestate property will devolve equally on all his legal heirs of first class, which is - wife, children and mother;
In your case, there is no mention about your grandfather's mother, so let us assume she is no more, then his wife, i.e., your grand mother is alive, he had two sons, assuming he had no other children (including daughters), the property will devolve equally among all his three legal heirs, this 1 acre of land will be shared by them in equal proportion of 1/3rd each.
Out of her 1/3rd share, your grandmother, who becomes an absolute owner of that particular share, she can dispose it in any manner of her choice to anyone, i.e., by way of gift deed, settlement deed, or by sale. She cannot transact with the share of property that doe not belong to her. She will be restricted to her share in the property alone.
The other two sons, if alive will become absolute owners of the property and if anyone or both are not alive, their share in the property becoming intestate will devolve again on their class I legal heirs, one among them will be your grandmother too.
Thus, the above will make you clear about what and how the property can be dealt with.
1. How many sons and daughters your grandfather had?
2. If he has died intestate, then all his property will be devided amongst his legal heirs being his children and wife (considering that his mother has alreadsy expired),
3. Now, all his grand children will inherit their shares from the shares of the property of their individual father,
4. If your garndfather had only 2 children then your grandmother inherited only 1/3rd of her husband's property which she can deal with in any way she wishes to without touching the shares of her children.
1. As explained in my earlier post, the grand children will inherit shares from the shares of the property which their individual fathers will inherit,
2. Those grand children can claim their shares after the demise of their individual father's intestate, not during their lifetime,
3. The agitated grand child can file a partition suit claiming share of his father's inherited share of this grandfather's property.