Division of property - grand father's property
2 years ago
How will the grand father's property be distributed among grand children?
In case the sons are not alive? Will the division be done among the sons and daughters first- or the division will be done equally among grandchildren?
A.Dear Sir,
Section 8 of Hindu Succession Act:
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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;
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.
When the grandfather and the fathers have dies intesate leaving the property in the common pool then the division will be like this. The sons and daughters will be getting the equal shares from the grandfather's property. Then the portion received by the son/daughter will be divided among the grandchildren. For example A had two sons B & C so, B and C will get 50% each. The sons/daughters of B will get equal share out of 50% of B.
if it is an ancestral property, then all have to get equally. If it is self-acquired, then it can be done as the grandparents wish.
Thank you