Property and heirs related
2 years ago
My late grandfather has a house of area 100yards and he has 4 sons in which elder son was dead. That property was his own earning along with his wife(my grandmother) now my grandmother wants to give that property to me neglecting my 8 cousins is it possible? Property is on my grandfather's name and she wants to give it to me
A.Dear Sir,
If it is not joint property of your grandmother along with her husband then she cannot give entire property to you but she can give her share which may be decided as per section 8 of following Act
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son; 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son]
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him. However in your case, your grandmother cam only transfer her own share in the property and not the entirety.
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The grandfather has the absolute right to deal with the self-acquired property as he desires. If the Grandfather has made a will, the property bequeathes to the person named in the will. If the grandfather dies intestate, the property devolves as per rule of succession provide in Section 8 of 1956, Act.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap ki grandmother ko is property ko dene ka koi adhikar nhi hai. Kyonki property aap ke grandfather ke naam hai. Aap ke grandfather ki death ke baad property sabhi successor ko jaigi.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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