Since grand father died intestate on his demise property would devolve on his wife , son and 4 daughters equally
2) in event any daughter predeceased grand father her share would devolve on her legal heirs
Rights on grandfather's property
Hi Respected Sir/Madam, 1. I have a property of Great Grand Father which he got by his own earnings. 2. Great Grand Father had 5 sons. The property was then divided among 5 sons and partition was made among 5 sons after his death. 3. My grand father is one among the 5 sons. 4. My grandfather had 5 children of which 4 are daughters and one is my father. 5. My grandfather did not write any will or do any registered partition deed for his children. 6. My grandfather died and his property has flown down to my father. 7. Out of 4 daughters of my grandfather, only 2 are alive and 2 are not alive. Questions: 1. Will 2 aunts (my grandfather's daughters) who are alive have rights in my grandfather's property? 2. Will children of "2 aunts (my grandfather's daughters) who are not alive" have rights in my grandfather's property? Your valuable comments are greatly appreciated, thanks in advance.
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
- Two surviving aunts have equal share with father in the property.
- Surviving children of two deceased aunts will share with father and two aunts.
There will be five shares in the property, father will take one, two aunts will take one each and children of two deceased aunts will take one share each. Each branch will get 1/5 share in the property.
- Since, your grandfather has got that property by way of partition after the death of your great grandfather , then this property is considered as his self acquired property . and he was having his right to transfer said property to anyone as per his own wish , and none having right to claim.
- But, as your grandfather died intestate without any WILL etc, then after his death his property will be devolved upon all his legal heirs equally i.e. each will get 1/5th share in the property .
1. Not only this 2 aunts , but also the legal heirs of dead aunts have right to claim over the left property .
2. Yes. They can claim their respective mothers 1/5 share of the property.
1. Yes, your 2 aunties, who are alive, have got 1/5th share each in their deceased father's property.
2. The children of your 2 deceased aunties have got their deceased mother's share of 1/5th share each, which will be subdivided equally amongst all the children of 2 deceased aunties.
1. This property inherited by your grandfather through a partition deed among his siblings shall be his own and absolute property.
He is reported to have died intestate hence his property shall devolve equally among all his children including the legal heirs of his deceased children,
Therefore besides your father, his siblings i.e., your paternal aunts are also entitled to one equal share in the entire property at par with your father.
2. The shares of property pertaining to your deceased paternal aunts shall again devolve on their own legal heirs namely their husbands and children.
1. Yes
2. Their issues.
G.Rajaganapathy
High Court of Madras
The property that came to your GF share upon partition devolved on his legal heirs who are his 5 children
Thus if the children were alive at the time of demise of your GF then the property devolves on them equally
Thus all the 4 daughters have an equal 1/5th undivided share in the property
The 2 daughters who are not alive, their 1/5th share will go to their respective children
Dear sir,
1. Yes, the aunts will get equal share in the property.
2. In this case, the same share of the property which belonged to the predeceased daughters of the grandfather gets passed on to their children as per Hindu Succession Law.
Thank you
