I presume your grand father died intestate
on his demise intestate you and your sister had equal share in property
on sister demise her share would devolve on her husband and children
Son's daughter's son in Class 2 heirs can claim share in property
I have agriculture land in Tamil Nadu which came through my Grand father.I had a sister who died in 2007. She have a son. when I checked in class 1 heir my sister's son is not listed in those 16 heirs but he comes in class 2 heir as (son's daughter's son). Please note that document is in my grand father name(partition on 1917) and patta is in my name from 1962. Kindly advise still he is entitled to claim my property as my sister's legal heir?
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
On a plain reading of section he is not entitled as partition has been effected in 1917.
Regards
G.Rajaganapathy
High Court of Madras
If it's ancestral property then your sister son can claim under class II heirs list if the property is not undivided till date as per HUF and Succession Act.
Dear sir/maam,
In case of a male:
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons, daughters, widows and grand children
If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
- Father
- Son's / daughter's son
- Son's / daughter's daughter
- Brother
- Sister
- Daughter's / son's son
- Daughter's / son's daughter
- Daughter's / daughter's son
- Daughter's /daughter's daughter
- Brother's son
- Sister's son
- Brother's daughter
In case of a female:
Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their "limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the father and mother
- upon the heirs of the father, and
- upon the heirs of the mother.
so, yes, her son will be liable for the share in the property.
- As per law, the said ancestral property can be claimed by the son of your sister after her death equally .
Your sister, if living, shall be entitled to her share in the property left behind by your grandfather who is reported to have died intestate through your father's share in the property.
If your sister is not living then her share in the property shall devolve upon her own legal heirs namely her husband and her children.
There is no question of inheritance of class II legal heirs because the child of your deceased sister shall step into her shoes to claim her share in her father's share of property.
He can only claim her mother share If any
