• Grand mother property

There is a property on my grand mother's name.she is deceased. She has 2 daughters. They also.deceased.2st daughter has 2 sons and one daughter.2nd daughter has 1 son and 1 daughter. There is no will on the property.how should the property be divided legally
Asked 3 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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11 Answers

If there are no other legal heirs than in equal proportion

Prashant Nayak
Advocate, Mumbai
33116 Answers
215 Consultations

The estate of the deceased will be shared by all the 5 equally, with each getting 20% share by virtue of intestate succession.

Swaminathan Neelakantan
Advocate, Coimbatore
2975 Answers
20 Consultations

Hello,

  1. As the rand mother died without leaving a Will behind, the property would be inherited equally by the legal heirs.
  2. As the daughters have passed away the property will now devolve upon their children in equal measure. This would mean that the share (50%) that should have been inherited by the first daughter will devolve upon the three children equally,ie., one third each of the 50%. The remaining 50% will equally be shared by the two children of the second daughter. 

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

Assuming that your grandfather is also not alive, the property would devolve equally to your grandmother's two daughters in the share of 50% each. Since both the daughters have also died intestate ( without executing a WILL ), the property would devolve to their children, in the following manner:-

Deceased first Daughter's 1st son : 16.66%

Deceased first Daughter's 2nd son: 16.66%

Deceased first Daughter's Daughter: 16.66%

 

Deceased second Daughter's son:.    25.00%

Deceased second Daughter's Daughter: 25%

Shashidhar S. Sastry
Advocate, Bangalore
5479 Answers
332 Consultations

If the grandmother is reported to have died intestate leaving behind some assets, it would devolve equally on her own legal heirs, i.e., husband and children.

If the husband has died and the children are also reported to have died, then her properties shall devolve on the legal heirs of her children.

There were two daughters to your grandmother.

Therefore her properties shall be divided into two equal shares and each share shall again devolve on the respective legal heirs of the deceased daughters. 

T Kalaiselvan
Advocate, Vellore
88042 Answers
2376 Consultations

The property left behind by your deceased grandmother shall devoe equally on her both the deceased daughters. As the daughters have been reported to have died intestate, their respective shares shall again devolve on their own legal heirs, thus the share of the 1st daughter shall devolve on her three children and husband (if living) and the share of the 2nd daughter shall devolve on her two children and her husband (if living). 

T Kalaiselvan
Advocate, Vellore
88042 Answers
2376 Consultations

The 2 daughters share would devolve on their legal heirs namely  sons and daughter 

 

 

Ajay Sethi
Advocate, Mumbai
97840 Answers
7932 Consultations

Each daughter share would devolve her legal heirs equally 

Ajay Sethi
Advocate, Mumbai
97840 Answers
7932 Consultations

- As per law, after the death of grandmother intestate , her property would be devolved upon her daughters equally i.e. each share 50% share in the property , in case of demise of grandfather.

- Further after the death of daughters their respective shares can be claimed by their legal heirs equally. 

- Hence, 2 sons of first daughter will get 25+25% share in the property , and the second daughters will get also same ratio. 

Mohammed Shahzad
Advocate, Delhi
14898 Answers
226 Consultations

Dear client, 

In case of no will, a grandchild can inherit their grandparent's property only if their parent through whom they are related to that grandparent has died before that grandparent. In such a case, the share of the grandfather's property the parent in question would have inherited if they were alive will be divided between all the children equally. 

Thank you. 

Anik Miu
Advocate, Bangalore
10491 Answers
121 Consultations

Both daughters (deceased) will get an equal share in the property which would subsequently be divided amongst their respective legal heirs.

The first daughters children will get one third share each of her half. So, 1/6th each

The second daughter's children will get half of her share. So, 1/4th each.

Siddharth Jain
Advocate, New Delhi
6398 Answers
102 Consultations

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