My grandmother died now they want to divide property but they are confused whether to have 3 or 7 divisions
2 years ago
My grandmother has 5 daughter and two brothers . My grandmother died now they want to divide property but they are confused whether to have 3 or 7 ( 5 daughter and two brothers) division??
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After your grandmother's death without having any Will,her property has been devolved upon her husband and seven children each having undivided one-eighth share therein and the property is required to be divided through registered Partition Deed accordingly, otherwise, each of those daughters being entitled to undivided one-eighth share therein is entitled to claim Partition of that property and is entitled to file Partition Suit for declaration, partition and injunction against transfer as well as status quo for not to change the nature and character of the property.
If your grandfather is predeceased, then your Grandmother's property has been devolved upon her seven children each having undivided one-seventh share therein and the property is required to be divided through registered Partition Deed accordingly,otherwise,each of those daughters being entitled to undivided one-seventh share therein is entitled to claim Partition of that property and is entitled to file Partition Suit for declaration,partition and injunction against transfer as well as status quo for not to change the nature and character of the property.
If your grandfather is predeceased, then your Grandmother's property has been devolved upon her seven children each having undivided one-seventh share therein and the property is required to be divided through registered Partition Deed accordingly,otherwise,each of those daughters being entitled to undivided one-seventh share therein is entitled to claim Partition of that property and is entitled to file Partition Suit for declaration,partition and injunction against transfer as well as status quo for not to change the nature and character of the property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
If a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per the order of preference.
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If a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per the order of preference.
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A.Ideally, if your Hindu then as per the law all the children including the daughters will have the right in the property and hence there should be 7 division. But in case anyone, say a daughter, wants to relinquish her right in the property and does not want anything then she will have to execute a relinquishment deed and the property can be divided among the remaining children.
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A.Dear Sir/ Madam,
All property owned by her may be disposed of by sale, will or gift as she chooses. In case she dies intestate, her children inherit equally, regardless of their sex.
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All property owned by her may be disposed of by sale, will or gift as she chooses. In case she dies intestate, her children inherit equally, regardless of their sex.
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A.Dear Sir,
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
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