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
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 1 year ago in Property Law
Religion: Hindu
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7 Answers
Dear client, The simple answer to this question is yes, she can claim the property.
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.
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
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.
- 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.
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.
