How is grandfather's property divided between grandchildren
6 months ago
My grandfather died intestate. All his children have passed on too. The property still stands in my grandfather's name. How does it get divided between his grandchildren? Do we have to obtain any court order or document to transfer the property to transfer the property to the names of the grandchildren
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.
=============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• 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
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
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.
=============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• 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
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
Helpful
Helpful
Share
A.Dear Client,
When a property is left intestate by the owner, all the surviving legal heirs are entitled to an equal share of the said property. To get the individual share, surviving legal heirs have to obtain a Legal Heir Certificate from the competent authority i.e, Municipal Corporation, Tehshildar or local Gram Panchayat, and on receipt of the legal heir's certificate, a suit for partition of the said undivided property shall be filed before the Civil Court praying for a decree/order of partition. On receipt of a decree of partition, a Deed of Partition shall be made and registered under the Registration Act and based on that deed of partition, all the surviving legal shall take their individual share in the property and get their individual share mutated in their name in the land record by making application before Land Revenue Officer concerned. Reach out to an Advocate for guidance and steps.
When a property is left intestate by the owner, all the surviving legal heirs are entitled to an equal share of the said property. To get the individual share, surviving legal heirs have to obtain a Legal Heir Certificate from the competent authority i.e, Municipal Corporation, Tehshildar or local Gram Panchayat, and on receipt of the legal heir's certificate, a suit for partition of the said undivided property shall be filed before the Civil Court praying for a decree/order of partition. On receipt of a decree of partition, a Deed of Partition shall be made and registered under the Registration Act and based on that deed of partition, all the surviving legal shall take their individual share in the property and get their individual share mutated in their name in the land record by making application before Land Revenue Officer concerned. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
A.Dear
To facilitate the transfer of the property to the names of the grandchildren, it may be necessary to go through a legal process that involves obtaining a succession certificate or a letter of administration from the court. This process helps establish the rightful heirs and their respective shares in the property.
To facilitate the transfer of the property to the names of the grandchildren, it may be necessary to go through a legal process that involves obtaining a succession certificate or a letter of administration from the court. This process helps establish the rightful heirs and their respective shares in the property.
Helpful
Helpful
Share
Read Related Answers
Seeking Anullment of marriage
Dear madam,
You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.
Mental Abuse and Harassment by Mother in law
Dear Client,
Such kind of inhuman ill-treatment and emotional harassment by a mother-in-law towards her daughter-in-law deserves stringent action and strong protest by filing a complaint under Sec.12...
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
