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Property dispute - My grandfather died without any will
2 years ago
My grandfather died without any will. He had two daughter and son. After sometime my father and my uncle both died and then my grandmother also died after sometime without any will. Now my both aunt claimed property I know they are also legal heir.
I have some questions:
1. can all except then me sell property without my consent ?
2. If my aunt dead then their son and daughter are also become the legal heir in my grandfather property.
3. After my father died me my unmarried sister and mother are also legal heir or only my mother in my grandfather property?
Thank you for your time
A.Dear Client
According to Section 13 of Hindu Succession Act, after the death of your grandfather without making a will, the property will be distributed equally among the wife, sons and the daughters, i.e 1/4th share of each heir. After the death of your grandmother, without making a will, the property will firstly be distributed to her sons & daughters (1/4th share of her property) and in absence of them, to her relatives. However, if you are the only son then you and your mother will have equal share in the property of your father's part coming from your grandfather and your grandmother, i.e 1/8 share to each.
Answers to your questions-
1. No, they do have to take your consent before selling the whole property, however, if they wish to sell their share of the property, they firstly need to ask your interest in property and then to the rest.
2. Yes, if your aunt dies, then her share of property will be given to her heirs and husband.
3. You, your sister and your mother, all three will be given equal share of your father's property, i.e 1/12 part to each.
Thanks
Regards
According to Section 13 of Hindu Succession Act, after the death of your grandfather without making a will, the property will be distributed equally among the wife, sons and the daughters, i.e 1/4th share of each heir. After the death of your grandmother, without making a will, the property will firstly be distributed to her sons & daughters (1/4th share of her property) and in absence of them, to her relatives. However, if you are the only son then you and your mother will have equal share in the property of your father's part coming from your grandfather and your grandmother, i.e 1/8 share to each.
Answers to your questions-
1. No, they do have to take your consent before selling the whole property, however, if they wish to sell their share of the property, they firstly need to ask your interest in property and then to the rest.
2. Yes, if your aunt dies, then her share of property will be given to her heirs and husband.
3. You, your sister and your mother, all three will be given equal share of your father's property, i.e 1/12 part to each.
Thanks
Regards
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After death of your grandfather without any Will, his property had been devolved upon his four children and wife, each having undivided equal share therein.
After death of your grandmother without any Will, her undivided one-fifth share in that property had been devolved upon her four children .
Thereafter, due to death of your father and uncle your grandfather's property had been devolved upon i)the legal heirs and heiresses of your deceased father( undivided one-fourth share),
ii)the legal heirs and heiresses of your deceased father( undivided one-fourth share),
iii)Elder aunt( undivided one-fourth share),
iv)Younger aunt( undivided one-fourth share).
1)Other legal heirs can sell their undivided share in that property without your consent but if it is dwelling house ,then the stranger purchaser cannot reside therein without partition.
2)Yes.
3)The legal heirs and heiresses of your deceased father are his wife and children, therefore, your mother, you and your unmarried sister have inherited your father's undivided one-fourth share.
After death of your grandmother without any Will, her undivided one-fifth share in that property had been devolved upon her four children .
Thereafter, due to death of your father and uncle your grandfather's property had been devolved upon i)the legal heirs and heiresses of your deceased father( undivided one-fourth share),
ii)the legal heirs and heiresses of your deceased father( undivided one-fourth share),
iii)Elder aunt( undivided one-fourth share),
iv)Younger aunt( undivided one-fourth share).
1)Other legal heirs can sell their undivided share in that property without your consent but if it is dwelling house ,then the stranger purchaser cannot reside therein without partition.
2)Yes.
3)The legal heirs and heiresses of your deceased father are his wife and children, therefore, your mother, you and your unmarried sister have inherited your father's undivided one-fourth share.
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A.Dear Client
here are your answers:
1. No they cannot do so as you and your mother are also the legal heirs in that joint property.
2. Yes when the aunts are dead then their sons and daughters will become the legal heirs.
3. It depends on what is your age and which state (school of thought whether mitakshara or dayabhaga) you belong to.
here are your answers:
1. No they cannot do so as you and your mother are also the legal heirs in that joint property.
2. Yes when the aunts are dead then their sons and daughters will become the legal heirs.
3. It depends on what is your age and which state (school of thought whether mitakshara or dayabhaga) you belong to.
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