• Right of legal heirs after death of plaintiff

Respected Lawyers,

Case BackGround: My father died in 2015 due to cardiac arrest and my grandmother filed a civil suit in District Court to claim her share in the deceased son's movable and immovable assets as she was class 1 legal hier in the case. But during the pandemic, she got cardiac arrest and now she is no more. 

So her legal heirs are planning to move an application in the court to they want to pursue this case, But my father's property was self-acquired and my grandmother did not get any share in my father's property during her lifetime. So we are left with 3 class 1 legal heirs and other relatives are into the category of class 2 legal heirs. 

In the present case, the plaintiff's evidence is over. and now they are moving an application basis on the will of her mother and seek claim on my father property
Asked 1 month ago in Civil Law

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8 Answers

On father demise mother had one fourth share in deceased father property


2) on her demise her legal heirs can file application for being impleaded as parties to the suit 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

After the intestate (without leaving any Will) death of your father, his Class-I legal heirs including his mother, his wife and his children automatically succeeded to his estate (self-acquired property) and each was legally entitled to an undivided share thereof. As your grandmother passed away, her share devolved on her Class-I legal heirs by automatic succession. The Class-II legal heirs are precluded by Class-I legal heirs in both cases and they shall not inherit any share as on date.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

Your grandmother had already approached court seeking her share in the property.

Hence, upon her death her legal representatives can very well continue with the case.

The legal heirs are her own class I legal heirs and not class Ii legal heirs hence they are entitled to inherit her share of property besides you three in the capacity of legal heirs to your deceased father who also is one of the legal heirs to your deceased grandmother.

This will be apart from your own share in the property left behind by your deceased father.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

- As per law, after the death of your father intestate his property would be devolved upon all his legal heirs equally i.e. your grandmother , your mother if alive and you siblings. 

- Further, after the death of grandmother , her share in the property can be claimed by her legal heirs equally i.e. her husband , your father and other her children. 

- You can move an application before the court for becoming a party in the said suit . 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear Client, 

Class 1 heirs are mother, wife and children. If the mother is no more, then the legal heirs can not claim on the basis of the will as they do not qualify under the heir 1 category. 

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

When your father died your GM was alive 

So your GM gets a share in your father's property alongwith with your mother, yourselves and your siblings 

On demise of your GM her share which she inherited from her son will devolve on her legal heirs u/s 15 and 16 of Hindu succession act 1956

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

Let the case proceed. Let them file the application. You contest the same on merits before court. Nothing to worry

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

If the property is self acquired then only Class 1 legal heirs have a right to it.

In the present case, your grandmother would have been able to stake a claim for her share if she would have been alive, else the distribution of all assets would happen as per the laid down procedure of distribution between class 1, class 2 legal heirs.

You may file an application in Court to implead you as a necessary party and defendants in the ongoing suit, as the case cannot be decided without you, stating that this is necessary to avoid multiplicity of litigation.  

Indu Verma
Advocate, Chandigarh
38 Answers
4 Consultations

5.0 on 5.0

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