My grandfather died in 1999 intestate. He had 05 sons, 03 daughters and grandmother. He had ancestral property which is still undivided. My father and 1uncle had died in 2012 and my grandmother died in 2014, both intestate. Now my Bua's(aunt) are claiming their share on this undivided property because both sons died before mom, hence mom becomes class 1 heir after the death of two sons.. Are they entitled ? Are they entitled a share from the son's individual property as mom was alive at the time of their death and the ancestral property which is still undivided? Someone said they are not entitled from undivided property as no partition has taken place. \Please advice Thanks Dev
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1) on death of your father and uncle in 2012 your grand mother is class 1 legal heir
2) on demise of your grand mother in 2014 her daughter ie your bua would be one of the legal heirs
3)aunt would be entitled to share in the property
4) aunt would have share in the ancestral property
There is no partition among my grandfather and his sons and later among my father's brothers and the ancestral property is still joined since 1980's, means the HUF is still continuing.My grandfather received the property from my great grandfather. My grandmother would have a share in ancestral property provided there was a partition of the same after the death of my father or uncle which never happened till today. so the grandmother is heir in class1 but is she a claimant of the share in HUF after the death of two sons as it didn't dissolve. Please advice
1. It is not clear on what basis you call the property ancestral or HUF. Be that as it may, on the intestate demise of your grandfather his property devolved through succession on his widow and all children including daughters, whereas the share of your grandmother further devolved on her children and the legal heirs of pre-deceased children.
2. A property qualifies to be ancestral in nature if it is originally purchased by the fourth lineal descendant and travels up to the fourth lineal ascendant without division. However, the test to be applied is whether the property was ancestral in the hands of the claimant as on the date of claim.
Now my Bua's(aunt) are claiming their share on this undivided property because both sons died before mom, hence mom becomes class 1 heir after the death of two sons..
Are they entitled ?
Are they entitled a share from the son's individual property as mom was alive at the time of their death and the ancestral property which is still undivided?
Someone said they are not entitled from undivided property as no partition has taken place.
First of all if the property, though ancestral, was in possession of your grandfather and he was termed as an absolute owner of those properties, then the very word 'ancestral' is extinguished.
It becomes your grandfather's own property and upon his intestate death it devolved equally on all his legal heirs or successors in interest i.e., children and wife, if the Hindu Succession law operates.
Thus all his legal heirs are entitled to 1/9th share in the property left behind by yor grandfather.
Your aunts being legal heirs of your grandfather are also entitled to 1/9th share equally at par with other shareholders.
Your grandmother being a legal heir again to her deceased sons, she is entitled to a share out of their individual shares in the property at par with their own and respective legal heirs as class I legal heir.
This is the position of law.
For further clarifications, you may produce the relevant documents and give more details of the property to the local lawyer who would be able to render more proper opinion after scrutinising the property related documents.
There is no partition among my grandfather and his sons and later among my father's brothers and the ancestral property is still joined since 1980's, means the HUF is still continuing.My grandfather received the property from my great grandfather.
My grandmother would have a share in ancestral property provided there was a partition of the same after the death of my father or uncle which never happened till today.
so the grandmother is heir in class1 but is she a claimant of the share in HUF after the death of two sons as it didn't dissolve.
You have stated that your grandfather received the property from your great grandfather.
Thus the property was duly inherited by your grandfather as the legal heir of yor great grandfather.
Therefore the property lost its ancestral character.
In view of this situation, the property will now be governed by the law of inheritance as per Hindu Succession act, 1956 for intestate succession.
Thus all the legal heirs of your grandfather including your grandmother are entitled to an equal share in the properties left behind by yor grandfather who is reported to have died intestate.
1. Ordinarily your Buas are entitled to equal shares of their mother's property and their mother is entitled to equal share of her demised son's properties along with their other legal heirs.
2. However, in the instant case, it seems that it is an ancestral property for you since it is your great grandfather;s property title of which has not been interrupted by any sale/gift/settlement/partition deed or will for four generations.
3. On the said ancestral property of yours standing in the name of your great grandfather, all his great grand children will have equal share and there will be no share considered for your father, uncle etc since there has been no partition or transfer of the shares of the said property in any body's name.
1. In your particular case, it is an ancestral property of your great grandfather which was never partitioned in favour of any of the legal heirs of your great grandfather or his dissidents.
2. So, in absence of any partition of the property your father and uncle did not have any share of your great grandfather's property for which claiming that one part of their share will go to your grandmother and your Bua's will have share of her total properties is incorrect.