On father demise your grandmother,mother and you had one third share in property
2) on grand mother demise her one third share would devolve on son ,daughter and legal heirs of predeceased son
Rights of mother in deceased son's property
My father has a self acquired house property. He died intestate in 2020. His legal heirs are myself(his son), my mother(his wife), my grandmother(his mother). My grandmother(his mother) died intestate in 2021. She has no self acquired property. She only has the inherited property of my father's house. Her legal heirs are, 2 sons (one is my father) and 1 daughter. Now who has the right to my fathers house? Some laywers are saying that the siblings of my father also has rights on our house. Some lawyers are saying that as my grandmother died, the full rights of the property will be only with my mother and myself. Please explain this sir. As me and my mom are very much worried now.
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
1. Since your father died intestate, his self acquired property devolves to (1) his mother (2) wife and children. In the instant case, assuming that you are the only child to your parents, then your paternal grandmother, your mother and you in 1/3rd share each.
2. On the intestate death of your grandmother in 2021, her 1/3rd share would devolve equally to you and your mother, thus making you and your mother 1/2 share each.
3. In the instant case, none other than you and your mother has any right in your father's self acquired house property.
4. Siblings of your father has no right over his self acquired property as the Class-1 legal heirs, i.e., you and your mother are alive.
Since your grandmother had not inherited her share out of your deceased father's property, her share in the property shall devolve on the other legal heirs of your deceased father upon intestate death of your grandmother.
Her own legal heirs namely your paternal aunt do not have any rights in in your deceased grandmother's share out of your deceased father's property for above said reason.
As per Hindu succession act class I heirs list only you and your mother has full rights.
Yes it will be you and your mother the legal heirs
After your father's intestate death in 2020, his estate devolved equally upon the three of you, your grandmother, your mother and you, with each being entitled to one-third undivided share. When your grandmother died in 2021, her undivided one-third share (in your father's estate), fell upon her son, her daughter and you equally. As such, your undivided shares will be as follows (in your father's estate):
1. Your mother - 1/3
2. Your uncle - 1/9
3. Your aunt - 1/9 and
4. You - 4/9.
Dear sir, here also some lawyers are saying that as my grandmother died, the full rights of the property will be only with my mother and myself.Some laywers are saying that the siblings of my father also has rights on our house? What is the correct answer sir? Lawyers of different opinion please discuss and tell the correct law sir. Please help me.
Asked 3 years ago
I presume grand mother died intestate
2) on her demise intestate her share would devolve on her children and legal heirs of predeceased son as per provisions of Hindu succession act
It's cent percent legal that on the intestate death of your paternal grandmother, the 1/3rd share in your deceased father's property she had inherited, shall devolve on to you and your mother.
Hi, As per Section 8 of the Hindu Succession Act:- The General Rule of Succession in case of males is :- Son; daughter; Widow; mother and so on. In your case your father has died interstate in the year 2020 leaving behind yourself, your mother and your grandmother. All the three of you have become succeed the property. Thereafter, your grand mother died leaving behind her daughter ( your father died before your grandmother). As per Section 15 of the Hindu Succession act the general rule of succession in case of female Hindus died interstate is: [a] Firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. As per the above rule sibling of your father has right over the property of your father.
The law of intestate inheritance is clear on this situation.
Since your grandmother had not acquired her share in your deceased father's property during her lifetime and as the property remained undivided and on the name of the deceased itself on the date of death your grandmother, her share in the property shall automatically devolve on the other class I legal heirs of the deceased.
Dear client, A mother is a legal heir to her deceased son's property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property. Moreover, if the wife and son of the brother is alive, then sister cannot claim the property of her brother. but if the brother is deceased unmarried then the law is there to provide the share of property of the brother to his brothers and sisters alive
Only with you and mother as the same is self acquired property.
- As per law , after the demise of your father intestate , his self acquired property would be devolved upon his legal heirs only equally i.e. your mother and you have equal share in the property or assets left by your father.
- Further , siblings of your father will have no share in the property.
Please be guided by my earlier advice.