1) No . i presume gift deed is duly stamped and registered
2)Yes . on death of your father his mother would be one of legal heirs
3)Yes on her death her share would devolve on her children ie your father brothers and sisters too .
Can deceased father's siblings (sisters and brothers) claim his property given to him by his mother in the form settlement deed? will father's mother have share in the property after his death,which was given by her in the form of settlement deed? can deceased father's siblings claim share of property through their deceased mother? year of settlement deed ; 1978 Date of death of my father;1.8.94 year of death of my grandmother (father's mother);1997
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1) No . i presume gift deed is duly stamped and registered
2)Yes . on death of your father his mother would be one of legal heirs
3)Yes on her death her share would devolve on her children ie your father brothers and sisters too .
As per law, married daughters are not not eligible , If married before 1982. Is it true? All our father's sister married before 1982.
as advised tephonically married daughters would be eligibile for share in the property . they can inherit the share of mother
Total property of my grand mother was divided in to two as a equal share.My father died,at that time my grand mother was alive. The total property was divided among the legal heirs or only my father's property share should to be divided among the legal heirs. When my grandmother died,the legal heirs certificate are not taken from the court.
i have advised you consult a local lawyer in bangalore . it is necessary to go through the settlement deed made by your grand mother . on your father death is share would be divided among legal heirs ie his wife , children and mother .
if mother is not alive
father died in 1994 . mother died in 1997 . hence mother is one of the legal heirs of father. on her death her share would devolve on all her children
If the property has been given by an instrument such as gift deed and the deed is stamped then the transfer is absolute and cannot be questioned by the siblings.
Was a will made by father during his life time? If no, his mother would have an equal share along with other heirs in his property after his demise.
After the demise of mother her children will succeed equally to her share in the property which was gifted by her to one of her sons who predeceased here.
Marriage of daughters has no nexus with their proprietary rights. Marriage does not operate as a bar to their lawful share in the property.
Consult a lawyer personally by showing him all the related documents so that he may apply his mind and acquaint you with the legal position.
what happens if a person dies without a will and to whom his/her property will pass on? The Hindu Succession Act 1956 is quite clear about it. The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. The widow (or widows), mother and each of the children (son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters is no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter. Class I Legal Heirs The following relations are considered to be Class I heirs: •Son/Daughter •Widow •Mother Class II Legal Heirs “(1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister” will get the property in equal measure, provided all the heirs are available. Please clarify the law which was passed in parliament 1956 and amended 2005. In case no Class-I heirs are available, Class-II heirs, are considered
we have replied you at length . mentioned that your grand mother would have 1/3rd share in property as her son predeceased her . she would be a class 1 heir along with your mother , you and your siblings
what is the meaning of this statement Where one or more of such sons or daughters is no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter Clearly mention that in Hindu Succession Act Applies Should be divided with class 1 heirs in that branch. W
The Hindu article dated 24.7.04 for your information Online edition of India's National Newspaper Saturday, Jul 24, 2004 About Us Contact Us Property Plus — Chennai Published on Saturdays Features: Magazine | Literary Review | Life | Metro Plus | Open Page | Education Plus | Book Review | Business | SciTech | Entertainment | Young World | Property Plus | Quest | Folio | Property Plus — Chennai LEGAL CHAT Succession under Hindu law SRINATH SRIDEVAN Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs, if any. IN THE last column, I had commenced the topic of succession to the estate of a deceased Hindu male. I had also listed the so-called "Class 1" heirs of a Hindu male. Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs, if any. If even one such heir exists, all other relatives who do not fall within this category are excluded automatically. If there are several Class 1 heirs, then, there are some very sound and certain rules as to how they will share the properties amongst themselves. The wife, mother and children (son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters is no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter. This is somewhat complicated to understand. Imagine a tree. It has two branches. Each branch has two twigs. Now, assume that the main trunk of the tree which we have taken as an example, is the deceased Hindu male whose property we are now attempting to divide. The Hindu male has two children who are represented by the two branches. If both are alive, both get equal shares, that is to say, half and half. If, however, one child is no more, leaving behind two children of his own (the two twigs in our example), then, each such grandchild will not share equally with the surviving child of the deceased Hindu male, but will jointly take whatever, their father or mother would have been entitled to, had their father or mother been alive. Returning to our example, the two twigs would get only the same share as one branch, and would not share in equal thirds with the surviving branch. So much for Class 1 heirs. If there are no Class 1 heirs, then, we move on to Class 2 heirs. This is a huge list of persons which includes father, brother, sister and the like. If someone is unfortunate enough not to leave any Class 1 or Class 2 heirs, then, his agnates, and after them, his cognates succeed to the property. Agnates are persons who are related purely through males by blood. Cognates are persons who are related in any other way by blood. The priorities of succession amongst Class 2 heirs, and amongst agnates and cognates is beyond the scope of this column and I am not touching upon it. If someone is really unfortunate and leaves behind neither Class 1, nor Class 2, nor any agnates, nor any cognates upon his death, then, his entire property lapses to the Government. This is something called "escheat". A Hindu woman's property upon her death, devolves first upon her children (and grandchildren through any predeceased children) and her husband in equal shares. If she leaves behind neither husband, nor children, nor grandchildren, then, the property goes to the heirs of her husband. If there are no such heirs, then, it goes to the heirs of her father. Note here that the heirs of the husband or father would have to be reckoned in the manner we have already seen, pertaining to succession to Hindu males. If there are no heirs of husband or father, then, the property goes to the heirs of the mother. The heirs of the mother are to be reckoned once more in accordance with this rule. Thus, with regard to the succession to the estate of a Hindu female, one notices that we come across an infinite loop and therefore, the concept of escheat does not really ever arise in such cases. There is one exception to the above rule in respect of Hindu women. If a Hindu woman acquires property from her father or mother, and if she dies leaving no children (or grandchildren through predeceased children), then, the property will not go to her husband or heirs of her husband, but will go to the heirs of her father or mother as the case may be. There is one very radical and far reaching provision in the law with regard to Hindu females. This has been the subject of much litigation and controversy. Therefore, the views that I express on this subject are entirely my own and if you contact ten other lawyers, it is quite likely that you will get ten other opinions. This provision pertains to "blossoming" of a Hindu woman's limited estate. Prior to 1956, and the coming of the Hindu Succession Act, Hindu women held property absolutely only when it was what was known as "stridhana" property. When their husbands died, Hindu women only acquired a life estate in the property. This meant that they enjoyed the property during their lifetime, with restraints on their powers of alienation. After their death, the property devolved on the husband's family people. In fact, the greed of several husbands' families was what drove innumerable widows to despair, and perpetuated the abhorrent and vile practice of sati. The lawmakers fortunately saw the utter injustice in not giving women their right to receive their husband's property absolutely. They also recognised that several persons may have given their wives, sisters or mothers, a limited (or life) estate in certain properties with a view to provide for them. Accordingly, the Hindu Succession Act provides that all properties held by a Hindu woman as a limited (or life estate) owner on the commencement of this law, would automatically "blossom" into full and absolute ownership. Of course, where there is a Court order, or a specific document providing that the woman will hold it only as a limited estate holder, there is some doubt over whether it will become a full estate. But that, as I have said above, is a matter of much legal debate. I do not wish to go into any further detail on this topic and this concludes the discussion on succession to male and female Hindus. I shall next proceed to deal with the rules of succession under Islamic law. (The author holds a Master's Degree in Corporate Law from New York University and is a partner in the law firm, Sridevan and Krishnaswami, Chennai.)
We have acquainted you with the legal implications concerning property rights stemming out of the death of son before his mother. You are now free to form an opinion on the basis of your own sources of information.
we do not comment on opinions expressed by others . in any case the said author has reiterated "Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs, if any. If even one such heir exists, all other relatives who do not fall within this category are excluded automatically"
Thanks for your valuable reply and time spent on this issue. I have one more clarification that if deceased son's mother dies before dividing(partition) his property, her share will be divided with class 1 heirs in that branch or goes to all of her heirs. ie., female dies without writing will act If it is so, we also will get share out of that, since we are also her heirs (grandson 2 person and granddaugter 2 persons). Is it correct to keep on dividing the property like this BY LAW? or is there any clause to stop this continuation of sharing property?
The share of mother will go to all legal heirs.
Property can be divided only as long as it undivided. Divided property cannot be divided further.
share of mother will go to all legal heirs. her share will go to all your father bothers and sisters ie siblings
Here the case is asking share by legal heirs of grandmother has settled the property to my father by registered settlement deed, In settlement deed, she mentioned that she can not change later and no of her heirs rights in the property from the day of settlement deed.since my father has died before her death.As per law, class1 legal heirs are my mother,brother,two sister,grand mother and myself. Now my mother and brother also died..Please inform in this situation, again this property share will go back to grandmother and again we get some share from grandmother share.
Also if possible, please specify Hindu succession sub class no with details pertaining to this case.
you are repeating your query . please contact a local lawyer and on payment of his consultation fees decide your next course of action
query is resolved .
Free legal advice must stop at some point. Contact a local lawyer personally now and obtain further advice from him after payment of his consultancy fee.
This discussion is to improve the knowledge not for fee purpose.I can contact local lawyer to get more details and also to attend case. As per information received from free legal assistance cell of tamilnadu it is not possible to keep on transfer the property like this.Mother can be lived in that property until her life time. If we can contact and get details from local lawyer means this web portal in not required Anyhow thanks for your time spend on this discussion.