None of the other 3 sisters have claimed any possession of the property till date. Now we want to sell the property
2 years ago
Hi
My great-grandfather passed away before 1950 without a will, leaving behind 3 sons and 3 daughters. The 3 daughters were subsequently married and have all passed away now and one of the son passed away as unmarried in 1993. The other 2 sons have a son and daughter respectively who are residing in the said property and looking after the maintenance of the property for last 50 years. None of the other 3 sisters have claimed any possession of the property till date. Now we want to sell the property and need to understand the following:
1) Does the legal heirs of the 3 daughters of my great-grandfather claim any share of the property?
2) Who is considered as the legal heir of the share of the unmarried son of my great-grandfather? When he passed away in 1993, only one of his sister was alive, son and daughter of his brother was alive. Can other legal heirs of deceased brother and sister claim his share?
3) Since no one except the son and daughter of the 2 married sons of my great-grandfather has been in possession of property and has maintained the property for so long, can anyof the hiers of deceased sisters claim the property?
The property is ancestral with no testament. Thanks in advance for your reply.
Firstly, the legal heirs of the 3 daughters does have a valid claim of share in the property, you cannot deny them their share. The share of the deceased unmarried son would be passed on to his surviving brothers and sisters. The property would be distributed amongst all the legal heirs of your grandfather, including the daughters and sons. Their share cannot be excluded.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A grandson's right on his grandfather's ancestral property is by birth. It does not depend upon his father/mother or grandfather's death. A grandson owns a share of his grandfather's property since birth. So, yes they can claim a share in the property. The share of the unmarried son who passed away will be distributed amongst his siblings and the legal heirs of the siblings. No they cannot claim the entire property to themselves. The property would be distributed to the legal heirs evenly.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
2)After death of your great grandfather's unmarried son without any Will, if his mother predeceased him, then his undivided share in your great grandfather's property had been devolved upon his surviving sister only. In that situation, Other legal heirs of deceased brother and sister cannot claim the share of that deceased unmarried son.
However, if at the time of death of that unmarried son without any Will,his mother was alive,then his undivided share in your great grandfather's property had been devolved upon his mother(great grandfather's wife)only . After the death of great grandfather's wife her surviving daughter and her predeceased children's widows and their children claim that share.
3)All the legal heirs of the deceased children's of your grandfather are entitled to that property,however,the ratio of share will be different. It is pertinent to mention that if that property remains unpartitioned through male lineage for last four generations,then it is ancestral property and therefore that property cannot be sold without due consent of other cosharers.
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