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My Grandfather has 2 sons and 2 daughters. In am the son of his one daughter. out of 2 sons1 son and out of 2 daughters 1 daughter lost their lives Now My mother, her brother and wife of one more brother are alive. Now they are getting land acquisition compensation amount from Karnataka Government. My cousin Sister (grandfather daughter's (who is no more now) daughter who is married but not living with her husband saying she also becomes legal hire and demanding share in the compensation amount. Any how she will get amount as we in family took decision that all amounts will be divided to 4 families.
But my cousin sister attitude getting worst day by day. i want to know who the legal hires of my grandfather will be? The demand type behavior of my cousin sister making all angry. this definition of legal hires changes from case to case?
Asked 22 hours ago in Property Law
Religion: Hindu

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8 Answers

Your cousin sister is the daughter of the deceased female legal heir of your grandfather hence she will be entitle to a legitimate share out of the compensation amount towards her mother's share which cane be distributed by her to her own siblings (if there are any).

Her share in the compensation amount has to be allocated failing which she may file a suit against all of you for recovery. 

T Kalaiselvan
Advocate, Vellore
87449 Answers
2348 Consultations

Legal Heirs of Your Grandfather:

Under Indian succession laws, the identification of legal heirs depends on whether your grandfather had:


  • Left a will (testate succession): The property will be distributed as per the terms of the will.

  • Not left a will (intestate succession): The property will be distributed as per the laws applicable (e.g., Hindu Succession Act if your grandfather was Hindu).

Intestate Succession (Hindu Succession Act, 1956):

  1. Class I Heirs:

    • Sons
    • Daughters (including deceased ones, with their children inheriting their share)
    • Widow

  2. Distribution Among Legal Heirs:

    • If your grandfather died intestate, his property is divided equally among his Class I heirs.
    • If a son or daughter is deceased, their share passes to their children.

Based on Your Family:

  • Your Grandfather’s Heirs:

    • One living son (your maternal uncle)

    • Wife of the deceased son (as his legal representative)
    • Your mother (daughter of the deceased)
    • Your cousin sister (daughter of your mother’s deceased sister, representing her share)

  • Since your family has decided to divide the compensation into four equal shares for the four branches (2 sons, 2 daughters), the approach aligns with the legal structure.

Does the Definition of Legal Heirs Change Case by Case?

Yes, it can:

  1. Type of Property:

    • Ancestral property and self-acquired property may have different rules.
    • In this case, the compensation from land acquisition is treated as an extension of your grandfather's property.

  2. Religion:

    • Hindu, Muslim, Christian, and other personal laws have different rules for succession.

  3. Special Circumstances:

    • If someone relinquished their share, a legal agreement might affect inheritance.
    • If there’s a will, it overrides the default laws.

Handling the Cousin Sister’s Demands:

  1. Legal Stand:

    • Your cousin sister is a Class I legal heir because she represents her deceased mother’s share. She is entitled to a share under law.

  2. Behavioral Issue:

    • Since you’ve already decided on equal division, remind her that the family decision ensures fairness. If her behavior becomes problematic, formalize the division through a partition deed to avoid disputes.

  3. Preventive Action:

    • Get a family settlement agreement signed by all parties to document the agreed distribution. This ensures clarity and reduces future conflicts.

Recommendation:

  • Discuss with all family members and formalize the division legally through a family settlement deed or partition agreement.
  • If her demands escalate, mediation or legal counsel may be necessary to protect everyone's rights.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
346 Answers

On demise of grand father ,grand mother his 2 sons and 2 daughters were legal heirs 

 

each had one fourth share in property 

 

on demise of sin his wife and children inherited his share 

 

on demise of daughter her share devolved on her spouse and children 

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

  1. The surviving son of grandfather (your mom’s brother/your mama). One fourth share.
  2. Wife of your deceased mama. One fourth share.
  3. You through you mom. One fourth share.
  4. Daughter of Tāyiya sahōdari. One fourth share.

Are the  legal heirs. Each will get ¼ share. You and mom will get ¼.

Ravi Shinde
Advocate, Hyderabad
4278 Answers
42 Consultations

 Assuming that the property was self acquired property of your grandfather and your grandfather died intestate (without executing a WILL) and your grandfather's mother and your grandmother had predeceased your grandfather, then the property would devolve equally to all the children of your grandfather. In other words two sons and two daughters of your grandfather are each entitled to twenty-five percent undivided share in the property. Since one son of your grandfather is deceased, his share of twenty-five percent gets subdivided equally to his widowed wife and children. Similarly one daughter of your grandfather is deceased, her share of twenty-five percent gets subdivided equally to her children, including your married cousin sister, who is living separately from her husband.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

Only legal heirs will get money she can’t claim money from husband as a matter of rights and he is alive she can only claim as matter of right after his death

Prashant Nayak
Advocate, Mumbai
32680 Answers
207 Consultations

The legal heirs of your grandfather in this case depend on whether he passed away with or without a will and the personal law applicable (Hindu, Muslim, Christian, etc.). Assuming your family is governed by Hindu Succession Law, here's the breakdown:

Legal Heirs of Your Grandfather (Died Intestate):

If your grandfather passed away without a will, under the Hindu Succession Act, 1956, his property would devolve equally among his Class I heirs:


  1. Class I Heirs:

    • Sons
    • Daughters
    • Widow (if alive)

Since:

  • Your grandfather's two sons and two daughters were his Class I heirs, the property would be divided equally among these four.
  • If a son or daughter predeceased your grandfather, their share would pass to their respective legal heirs.

Specific to Your Case:


  1. Your Mother: As a surviving daughter, she is a legal heir to your grandfather's property.

  2. Your Mother's Brother (Surviving Son): He is a legal heir.

  3. Wife of the Deceased Son: She can claim her late husband's share.

  4. Legal Heirs of the Deceased Daughter (Your Cousin):

    • The share of your deceased aunt (your mother's sister) would pass to her children (your cousin sister) equally.
    • Your cousin sister, as the sole child, is entitled to her mother's share.

Thus, all four branches (two sons and two daughters or their legal heirs) have equal entitlement.

Does the Definition of Legal Heirs Change?

The definition of legal heirs may change depending on:


  1. Personal Laws: Different religions have different inheritance laws.

  2. Type of Property: Ancestral property and self-acquired property have distinct rules.

  3. Case-Specific Factors: The presence of a will, adoption, or other unique circumstances.

How to Handle the Situation:


  1. Legal Distribution:

    • Ensure that the compensation amount is divided equally among the four branches (as per the family agreement).


  2. Documented Agreement:

    • To avoid disputes, all beneficiaries should sign a written agreement acknowledging the agreed-upon distribution.


  3. Counsel Your Cousin:

    • If your cousin's behavior is causing tension, you could explain her legal entitlement and encourage her to cooperate with the family decision.

Legal advice may also help mediate if the conflict escalates.

Aman Verma
Advocate, Delhi
63 Answers

- As per law, after the demise of your grandfather intestate , his property would be devolved upon all his legal heirs equally i.e. his sons and daughters each will get 1/4th share in the property. 

- Further , after the demise of other son and daughter , their share would be devolved upon their respective legal heirs equally.  

- Hence, the compensation will also be claimed according to their respective shares, and hence the cousin sister after demise of her mother has right to claim  

Mohammed Shahzad
Advocate, Delhi
14649 Answers
224 Consultations

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