• Father died intestate

Myself, my brother inherited fathers self acquired house property jointly.( Father died intestate) 

a) Myself ,wife and my son are my family. 

b) My brother died (intestate) after my fathers death. 

My deceased brother is survived by
1) wife
2) son 
3) grand daughter born AFTER brothers demise. 

My father -first generation
Myself and my brother Second generation. 
My son and deceased brothers son third generation. 
My brothers grand daughter fourth generation. 

The question is whether grand daughter of my deceased brother by BIRTH is having a share in the great grand father's property or will devolve only on brothers wife and his son besides me. 

Whether for grand daughter it's a Coparcenery property by virtue of Amendment Act of 2005 to H S Act ?
Asked 2 years ago in Property Law
Religion: Hindu

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15 Answers

After the death of your father,  his self acquired property shall devolve in favor of you two brothers in equal  share i.e. half share each.  Now, you are the owner of your half share till you survive and your siblings have nothing in your share.  You may deal with your share in whatever manner, you may sell, gift, will, etc.  during you lifetime. 

As regards,  the share of your brother, after his death it shall devolve in favor of his wife and son only, not his grand daughter. The grand daughter shall get the share after his father's death.  

 

Now, the position is you are owner of 50% share and the wife and son of your brother are the owner of 50% shares. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

It is self acquired property of your father 

 

2) on his demise intestate you and your brother have 50 per ce t share in property 

 

3) on brother demise his share would devolve on his wife and son  

 

3) his grand daughter has no share in property 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1. If a Hindu male dies intestate, the share in his self acquired property devolves equally to his mother ( if alive ), wife, sons and daughters.

2. As per your narration, you and your brother jointly inherited your deceased father's self acquired property.

3. To answer your question, following details are required:-

(a) Has the property been registered in the joint names of you and your brother in the jurisdictional Sub Registrar's Office or not?. If so, the date of registration of the property.

(b) If the property was registered in the joint names of you and your brother before Twentieth December Two Thousand Four ( [deleted]), then your brother's grand daughter will not have a share in her great grandfather's property.

(c).  For the grand daughter, it will be a coparcenary property if the property was registered in the joint names of you and your brother on or after [deleted], when the grand daughter had taken birth on or before the brothers inherited the property.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Dear Sir

Your father's property will be divided in two.

You are entitled to 50% share of the property. Your brother is entitled to 50% share of the property.

Since your brother is dead, his share of the property will be shared equally by his wife and son.

Thank you

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

 If a Hindu male dies intestate, the share in his self acquired property devolves equally to his class i heirs -mother , wife, sons and daughter.

Grand daughter has no right over great grand fathers property . The share of the deceased brother's estate would pass to his wife and son . 

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

It is your father's self acquired property hence after his intestate death it has been divided between you and your deceased brother's family.

Therefore there is no question of this property to be termed as ancestral property, do not stretch it too far.

The wife and son of your deceased brother are inheriting your brother's share as his legal heirs and not as coparceners  hence there is no question for the granddaughter of your deceased  brother to claim any share in the property for any reason. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

If it's a self acquired property then it's not a matter of right and depends on the owner of that property to share it and no one can receive the same under succession laws if the owner doesn't want to give

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- As per law, after the death of your father intestate , his property would be devolved upon all legal heirs i.e. your mother if alive & no sisters , you and siblings equally. 

- Further, after the death of your brother his property can be claimed by his legal heirs only i.e. .his wife and children.

- During the life time of son and daughter , grandson or granddaughter having no right to claim over the property received from your father . 

- It not come under the coparcenary property . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

It is not ancestral property 

 

grand daughter has no share in the property 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Contact a local lawyer practicing in sub registrar office and get buyer satisfied.  Grand daughter's share would accrue after the death of brothers son.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

When was your brother's granddaughter born?. Please furnish year of birth.

 

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

- After getting the share of father it will considered as your & deceased legal heirs self acquired property , and being self acquired property , you all having to sell the property as per respective wish. 

- Further, If your deceased brothers wife and son is ready to sell the property as well , then others consent is not needed legally , and question of consent of grand daughter not arise if class I legal heirs of your brother is alive . 

- The buyer having no knowledge of law of the land. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

The buyer is not the authority or law that he can dictate terms in the manner he may choose to.

The law is very clear that share of your deceased brother devolves on his own legal heirs alone and would not pass on to the next generation.

Therefore if the buyer is adamant about it you may politely turn away the offer made this buyer and look for a buyer who understands the  law properly and does not raises unnecessary objections without understanding the law.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It doesn't work like that no self acquired property can become ancestral in the above case

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear sir,

Any property that you acquire with your own money, would qualify as your self-acquired property. Hence the property of your brother who died intestate  will be inherited by the legal heirs i.e your brother's son and his wife.

Thank you

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

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