Legal heir for maternal grandfather's sister's property
2 years ago
Dear Sir,
My maternal grandfather's sister had no children and she was widowed very early in her marriage. Recently she unfortunately died of Covid and has left behind some movable and immovable properties. She had 3 siblings including my grandfather and all of them are long dead, she was the last of her generation alive. Now, these 3 siblings children are fighting to inherit her property. One of them says that the property should be divided equally among the 3 dead siblings because he is the only child of his father and would be entitled to a big share is done so. while others are of the opinion that the property should be equally divided among all the children of her 3 siblings. My question is, if a suit is filed, how will the court divide her assets? will it be divided among her brothers and sisters who are no more (or) will it be divided among their children?
Thanks in Advance
Ankur Goel @ Complete Law Shield
Responded 2 years ago
then legal heirs of siblings will get share from their 33.3% share.
First it will divided among her deceased brothers and sisters.
Sidhaarth
Responded 2 years ago
The property will be divided according to the Hindu Succession Act. All the brother's will get equal share of the property if they are also dead then it will be given to their wife and further the share will be divided among the children of all the brothers according to their share. If there is any will made by the sister then division will be according to the will.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The division of property is done according to the personal laws that is succession act. Before that if there is any will made by the sister then her property will be transferred according to the will. If no then all brother's will get equal share of the property and then it will be transferred to all the children alive.
Tanmoy Chattopadhyay
Responded 2 years ago
Example suppose your maternal grandfather's sister had 1 share
so your grandfather would get 1/3 share.
then depending on how many children your grandfather had each will take one part each from the 1/3 share of the property.
finally if anyone is dead the court will allot the deceased's share to the living heirs of the deceased as per the rule of succession enumerated above.
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