Daughter liable to property?
8 months ago
Can dead daughter's children (daughter died in 2010) claim over ancestral property of their maternal grandfather (grandfather died in 1996)?
A.Dear client,
Since the children of a predeceased daughter are considered class I legal heirs, their children will have the same right to the ancestral property. Hence, they can claim over such property as they will have same right to these as their mother would have had if she were alive.
Since the children of a predeceased daughter are considered class I legal heirs, their children will have the same right to the ancestral property. Hence, they can claim over such property as they will have same right to these as their mother would have had if she were alive.
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A.Dear Client,
If the deceased grandparent has left behind a Will, and that Will specifies that a grandchild will be a legatee of a specified share of their estate, then that grandchild will be entitled to inherit that share of that grandparent's estate. However, if the deceased grandparent has left behind a Will, but the Will has not allotted a share of his estate to the grandchild, then the grandchild cannot claim any share of the deceased's estate. If the deceased Hindu has not left behind a Will, the succession of their estate will be governed by the rules contained in the Hindu Succession Act, 1956. The grandchildren can inherit their grandparent's property only if the parent through whom they are related to that grandparent has died before that grandparent. In such a case, the share of the grandfather's property the parent in question would have inherited if they were alive will be divided amongst the mother (if she is alive) and the grandchild and their siblings. The siblings, and the mother, will divide this share equally. The siblings will both get equal shares. The Supreme Court held in the case of Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property or her father equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. So, in the absence of a daughter, her children that is grandchildren shall inherit an equal share in the property of their maternal grandfather.
If the deceased grandparent has left behind a Will, and that Will specifies that a grandchild will be a legatee of a specified share of their estate, then that grandchild will be entitled to inherit that share of that grandparent's estate. However, if the deceased grandparent has left behind a Will, but the Will has not allotted a share of his estate to the grandchild, then the grandchild cannot claim any share of the deceased's estate. If the deceased Hindu has not left behind a Will, the succession of their estate will be governed by the rules contained in the Hindu Succession Act, 1956. The grandchildren can inherit their grandparent's property only if the parent through whom they are related to that grandparent has died before that grandparent. In such a case, the share of the grandfather's property the parent in question would have inherited if they were alive will be divided amongst the mother (if she is alive) and the grandchild and their siblings. The siblings, and the mother, will divide this share equally. The siblings will both get equal shares. The Supreme Court held in the case of Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property or her father equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect. So, in the absence of a daughter, her children that is grandchildren shall inherit an equal share in the property of their maternal grandfather.
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