transfer of property after one owner's death
1 year ago
In my grandfather's will he gave a certain portion of his land to his youngest daughter (my paternal aunt) and to me...i was a minor at that time and i became a joint owner of the land with my aunt when i attained adulthood. My aunt is unmarried. No other thing was mentioned in the will. My question is after the death of either person does the survivor get the full ownership or would the deceased person's legal heirs equally claim the person's share ?
A.Dear Sir,
Section 8 of Hindu Succession Act:
====================================================================
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.
======================================================================
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
Section 8 of Hindu Succession Act:
====================================================================
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.
======================================================================
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
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.To give opinion, it is necessary to scrutinize the concerned Will for its scope, meaning, effect and legal implications.
Helpful
Helpful
Share
A.Dear Client
After the death of the owners the property will devolve to the legal heirs (surviving) of the owners and not to each other unless there are no legal heirs apart from the owners of the property.
After the death of the owners the property will devolve to the legal heirs (surviving) of the owners and not to each other unless there are no legal heirs apart from the owners of the property.
Helpful
Helpful
Share
Read Related Answers
Flat Purchase
Dear Client,
In addition to the above, you need to obtain the following documents:
Mother Deed
Building Approval Plan
Sanctioned Plan Copy
Water & Sewage, Pollution, Electricity Approvals
Commencement...
Regarding undivided property
Dear Client,
According to the Hindu Law of Inheritance, the paternal property that is undivided for at least four generations qualifies as an ancestral property and the coparceners have an equal share...
Property - Our share of property
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In ca...
Confiscated phone
Dear Client,
If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...
My mother and my wife needs safety for a PLOT
Dear Client,
Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claimi...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location