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Adverse possession Adverse possession

3 years ago

my father and grandfather got a house with land through adverse possession, my grandfather died last year. My question is after my fathers uncertainty without any will , who can claim heirship son or daughter?

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
All the Legal heirs of your father and grand father have rights over that property, you all have to share that property as per Hindu Succession Act
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Rajive Bafna

Responded 3 years ago

A.The property of a Hindu male dying without a WILL, would be given first to heirs within Class I and If there are no heirs categorized as Class I, the property will be given to heirs within Class II.
There are two classes of legal heirs i.e. CLASS - I & CLASS - II

CLASS- I
1. Sons
2. Daughters
3. Widows
4. Mothers
5. Sons of a predeceased son
6. Widows of a predeceased son
7. Son of a, predeceased sons of a predeceased son
8. Widows of a predeceased son of a predeceased son.

CLASS II
1. Father
2. Son's / daughter's son
3. Son's / daughter's daughter
4. Brother
5. Sister
6. Daughter's / son's son
7. Daughter's / son's daughter
8. Daughter's / daughter's son
9. Daughter's /daughter's daughter
10. Brother's son
11. Sister's son
12. Brother's daughter
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Possession is nine points in law first continue the possession and the children of your grandfather get equal rights over the property.

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Anil Chauhan

Responded 3 years ago

A.All the legal heirs have equal rights and distributed in equal share.
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Vidhi Samaadhaan Vidhi Samaadhaan

Geeta Singh

Responded 3 years ago

A.Both are legal heir, son and daughter are equally right in fathers property if there is no will.
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Anik

Responded 3 years ago

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A.Hi,
You should get the land registered under your fathers name if it isn't already registered. If it is already in your fathers name or your grandfathers name then both son and daughter have equal right over the property if there is no will.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You should get the land registered under your fathers name if it isn't already registered. If it is already in your fathers name or your grandfathers name then both son and daughter have equal right over the property if there is no will.
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Nishant Singh

Responded 3 years ago

A.The property of a Hindu male dying without a WILL, would be given first to heirs within Class I and If there are no heirs categorized as Class I, the property will be given to heirs within Class II.
There are two classes of legal heirs.
CLASS- I
1. sons
2. Daughters
3. Widows
4. Mothers
5. Sons of a pre-deceased son
6. Widows of a pre-deceased son
7. Son of a, pre-deceased sons of a predeceased son
8. Widows of a pre-deceased son of a predeceased son.

CLASS II

1. Father
2. Son's / daughter's son
3. Son's / daughter's daughter
4. Brother
5. Sister
6. Daughter's / son's son
7. Daughter's / son's daughter
8. Daughter's / daughter's son
9. Daughter's /daughter's daughter
10. Brother's son
11. Sister's son
12. Brother's daughter
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 3 years ago

A.Both legal hairs will claim on it
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