• Succession or legal heirs disputes

After father's death ,my grandmother got her name in succession along with me and my mother. My question is after my grandmother's death ,what is the law? my 4 uncle will get the share of my grandmother which was actually self acquired by my father. By the way one of my uncle is already possessing most of the fathers property. What should I do?
My father was the eldest among the 5brothers. My grandmother had a lot of property in her name. Which she sold herself ,and few property she given to her living 2 sons(I.e my uncles). All my uncles are mentally and physically fit. All having own source of income. But after my father's death when I was minor, a family business which belongs to my father and one of my uncle , my uncle took over. Shop is using by him. In another shop mother was made to sign kaccha rent agreement , which expired 10-12 years ago . He stopped paying rent but not vacating that shop also. As I fear to go court as it is very time consuming and lots of money require where my income is not good. I was waiting for death of my grandmother, so that when I go court finally , I can claim the whole property , but now I came to know after my grandmother's death her share from my fathers property shall go to her heirs. Is it true ? What kind of law is that.
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

1. If a Hindu male dies intestate (without executing WILL), his property would devolve equally to his mother (if alive), wife and children.

2.  In the instant case, as per your narration, there are three persons who succeed to the estate of the deceased, i.e., your grandmother, your mother and you inheriting 1/3rd share each.

3.  If your grandmother dies intestate only, her 1/3rd share in your deceased father's self acquired property would go to her legal heirs, which include your deceased father also ( your mother and you). In case your grandmother executes a WILL for her 1/3rd share of your deceased father's property in your favour, you would be getting total 1/3 + 1/3= 2/3 and if your mother bequeaths her 1/3rd share to you, then you would be cent percent absolute owner of your deceased father's property.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

  1. In property acquired by father, his brothers have no claim to share.
  2. After death of father properties acquired by him will devolve on his sons and daughters.
  3. If the properties given by grandmother to uncles, are acquired by grandmother, others cannot claim any share but if the properties are ancestral all uncles and legal heirs of your father will have right to share.
  4. You have right to share the profits of business of shops as it the joint family business, though only uncles are taking active part in the running the business.
  5. As it is family business, uncle is not liable to pay any rent. Claiming any rent will amount to giving up right in profits of business.
  6. After death of grandmother, properties will be divided among her sons equally. Legal heirs of your father will get equal share. (it will not go only to uncles. There is no such law, your understanding is wrong.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

On grandmother demise her share in property would devolve on her legal heirs ie her children equally 

 

your mother should file suit for eviction against uncle of shop in his possession and also claim arrears of rentals 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

- As per law, after the demise of your father , his property would be devolved upon all his legal heirs equally and uncle having no right to claim over the same. 

- Further, after the death of grandmother ,her share will be distributed between you and mother and her other sons as well. 

- Further, if that shop was in the name of your deceased father , then the  position of your uncle is like licensee or a tenant and he is bound to pay the rent to you. 

- If he is not paying the rent , then you can send him a legal notice for getting the same and to evict him from the said shop 

- If , no vacated then you can file a petition for eviction against him before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If it's your father's property then it will come to you.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Your grandmother is one of the legal heirs to your deceased father.

She is entitled to an equal share in the properties left behind by your late father.

If your father's properties were divided during her lifetime and she had acquired her share then her share in the property shall again devolve on her legal heirs which includes your father's legal heirs consisting you and your mother along with her other class I legal heirs. 

If she could not inherit her own share in the property during her lifetime then her share of property shall revert to the other legal heirs of your deceased father and shall not devolve on her other legal heirs. 

As far as the shop still occupied by your uncle you can issue a legal notice and then approach court to evict him

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Insofar as your deceased father's property and pertaining to your grandmother's share in it, if she do not take any step to inherit the same during her lifetime then her share of property shall revert to the other class I legal heirs of your deceased father i.e., you and your mother. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Grand mother share will devolve on all her children equally 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Dear client I am sorry to hear that but in this case and the property of your grandmother will pass on to legal heir. however in the case of self acquired property it will pass on through the well if there is no will in place then the property will get divided into the legal heir as for the law.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

After the death of your father without leaving any Will, his Class-I legal heirs, namely, your grandmother, your mother and you automatically succeeded to his estate. Each is entitled to one-third undivided share in all your father's properties. After your grandmother's lifetime, if she does not leave a Will, her estate shall automatically devolve equally upon all her Class-I legal heirs at that time, namely her sons and you as the son of a predeceased son. Your mother shall not inherit any share.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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