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Q.Property transfer.
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Q. Property transfer.

My grandmother has a shop on her name, the nominee was my grandfather. As she expired to whom will property goes grandfather or children.??
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A. 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.

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A. 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 per-deceased son or daughter) and the husband;

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Sunny Jaiswal

Experience: 1 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Is there will be any need to file case by my grandfather or. He automatically gets his portion.??

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Sunny Jaiswal

Experience: 1 Year(s)

Replied 2 months ago

No such requirements to file a case.

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A. Dear Client,
The work of a nominee is to act as a trustee and not the owner. He takes care of the property after the death of the owner and distributes it to the legal heirs. Now after the death of your grandmother , her property will be distributed among her legal heirs i.e her husband and her children. In case her children isn't alive , it will be bestowed on her grandchildren.
Thanks.

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

In registery papers their is no nominee mentioned. So my grandfather has to file case or he automatically gets his portion.??

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A. If in case the "Nominee" is alive at the time of the death, then, such property shall go directly to the person who's name is mentioned upon the list of nominee. However if the nominee is no longer alive, then such property shall go to the legal heirs of the person so deceased.
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Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

In registery no nominee mentioned only husband mentioned, so to whom property would go. Do grandfather get it without any case??

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Shreyash Mohta

Experience: 1 Year(s)

Replied 2 months ago

In that case, the property should go to the husband. If in case there is any dispute then, the husband can fight it out in a civil court claiming ownership and possessory rights.

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A. Both have right

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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