• Can claim the property of grandfather (The property got as legal heir)

Dear Lawyers,
Kumar had 2 sons named Guna and Siva. 
Siva purchased a land in 1985 and passed away in 1988. 
As per the Siva’s legal heirs document, legal heirs are Kumar (Siva Father), Rani (Siva Mother), Mani (Siva wife), Karthik (Siva Son) and Malar (Siva daughter) . Malar is Mentally challenged. 
Kumar & Guna passed away in 2019. Guna has daughter name Meena. 
Can Meena claim on the Siva purchased property in the ground of on of the legal heir of Kumar (as Guna passed away)
Note: No WLL or Release deed or Settlement written by the Siva or Kumar.
Asked 2 months ago in Property Law
Religion: Hindu

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7 Answers

father is not class 1 legal heir on shiva demise 

 

2) only mother , wife and children are legal heirs 

 

3) meena has no share in her uncle property as kuamr ie deceased father had no share in his son property 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Dear client, The simple answer to this question is yes, she can claim the property. 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

In the presence of class I legal heirs i.e., the mother, wife and children of deceased Siva, Kumar who is the father of the late Siva and a class II legal heir cannot claim any share in the proeprty.

Thus if the said class II legal heir is not entitled to any share in that proeprty, there are no chances for his own legal heirs to claim any share out of the property that he is not entitled nor had any. 

Therefore Meena, a third party to the property do not have any rights in the property that were left behind by her paternal uncle Siva. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

No as the property is self acquired by siva only sivas legal heir will claim it only when all sivas legal heir dies then it will go to meena. If kumar got his share as per siva will then that property will travel in kumar heirs and not before that

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

In purchases of property in 1985 if any contribution by Kumar is made or money for purchase of property is contributed by any other legal heir, the property will become ancestral  property and Meena can claim share in it. It the property is purchased by Siva from his self earned funds, Meena cannot claim any share in it.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

- Since that property was purchased by Siva , then after his demise without a Will , the property would be devolved upon his legal heirs equally i.e.. his wife and children 

- Further , if his son Malar is medically unfit and unmarried, then his share can be claimed by other heirs. 

- Further , as Guna having no claim in the property of Shiva after his death , then his legal heirs will have also no share in the property. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

As you say that the property was purchased by Siva, after his intestate (without leaving a Will) death, all his Class-I legal heirs - his mother Rani, his wife Mani and his children Karthik and Malar - automatically inherited his estate equally. Note that his father Kumar is only a Class-II legal heir. Meena cannot have any claim whatsoever in Siva's estate, as she is not a legal heir.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

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