• Legal heir rights

My father died without a will and grandmother is alive(father's mother). If she passes away without leaving a will, Can my grandmother's childrens can claim my fathers property?
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

On demise of your father your grandmother is one of legal heirs 

 

2) on demise of grand mother her share would devolve on her legal heirs including her children 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

1. Assuming that the property is your father's self acquired property and on the intestate death of your father, the property would devolve equally to your grandmother, your mother, you and your brother's and sisters.

2.  In case your grandmother passes away intestate, then her share in the property devolves equally to your deceased father's family and his brothers and sisters 

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

 If your grandfather had transferred his self acquired property to your father through a registered Gift Deed, then the other children of your grandmother will not have any right to claim a share in your father's property.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

For the present your grandmother being one of the class I legal heirs of your deceased father or successors in interest to succeed to his estates,  is entitled for a legitimate share out of your father's property upon his intestate death. 

However if your grandmother do not make any attempt to transfer her share in the property to her name during her lifetime,  and if she dies before the said transfer of her share of property,  then the share of property of your deceased father which devolved on her,  shall revert to other legal heirs of your father I.e. his wife and children and not on her own legal heirs. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

Yes on grand mother demise intestate her children can claim rights on property 

your grand mother can execute will in your favour 

 

 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Dear Client,

You will get your fathers share if your grandmother dies without a will.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Yes her share will be equally divided between her legal heirs

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

After the death of your father your grandmother has right over his property as per Hindu Succession Act. She is entitled to get share out of your father's property.

As per Section 15 in The Hindu Succession Act, 1956 if your grandmothers died intestate her children’s have right over her properties by way of succession .If she make a deed like will, gift then the right over the property to be considered  as per the recitals in the deed .

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

It's not clear the method of transfer by your grandmother.  It it was done by a registered deed of conveyance no one can dispute it on her death. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

As your grandmother herself transferred the property in your father's name, subsequently siblings of your father can not claim any right over that property. Your mother can and your siblings can. Neither your grandmother can claim that property. 

Your grandmother can claim if she states that the transfer of  property was fraudulently done. Otherwise, neither your grandmother nor siblings of your father can claim any right in that property. 

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

Hi 

1) Your Grand mother is a class I Legal heir in accordance to Hindu Succession Act and she will be ranked equally along side you, your mother and other siblings. 

2) So, after  the life time of your grand mother, her children will get her share of property and hence entitled to make a claim for the same. 

3) Your grand mother's other children are entitled to claim a share in all properties in which your grand mother has got a share as a class I legal heir of your father. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The law with regard to intestate succession is quite simple and straight forward. Upon death of a person intestate, the Class-1 legal heirs get equal share in the deceased's property and if such property is a self-acquired property of the deceased, upon his/her death, it will pass on to such legal heirs and would be in the nature of their self-acquired property.

In your case, once your father expired, his self acquired property devolved upon his Class-1 legal heirs (including you) and the brothers of your father cannot claim any right in your father's property.

Besides, rights qua the property given to your father by your grandfather will depend on 2 things: Whether the property your GF gave was self acquired property or whether it was ancestral property. If it was self-acquired property, then your father had sole and absolute rights to deal with the property and in exercise of his right, he has transferred the property to your father and rights of any other person are thereby extinguished. If it was an ancestral property, he could have given only his share in such property and any transfer beyond that would be deemed as a nullity.

Sumit Rana
Advocate, New Delhi
19 Answers

Not rated

- As per law, after the death of your father without a WILL, his property would be devolved upon his legal heirs i.e. his wife and children , and grandmother having no right over the same. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

On the death of your grandmother , each of her Class I Heirs can claim equal share. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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