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Meera Krishnan   12 March 2023

No cooperation from grandmother as legal heir

Hi all. My father passed away recently.

Myself (His daughter), my brother and my father's mother are listed as the class I legal heirs. 

Since there is no will, All legal heir signatures are required for closing bank account, selling property etc. My Father's brothers are not allowing my grandmother to sign any documents for us because of their hatred towards my deceased father.

We want to sell a property to settle multiple liabilities. However, with non cooperation from grandmother, we are not able to do so.

Our concern is that my grandmother is 84 years old. We are getting threatened that once she passes away, all her legal heirs (I.e. my father's brothers and sisters) will have legal share of my father's self acquired properties. 

Is this true ? How can we get out of this ? Our expectations were that we would be submitting my grandmother's death certificate once she passes away and only 2 people would be legal heirs.

Can anyone please provide your valuable opinions as we lost our parents and are facing an uphill battle to even get our share from our father's earnings to settle his liabilities?

 

Thank you very much in advance.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 March 2023

As per the Hindu Succession Act, 1965, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to Agnates.

Section 10, Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs. The rules are: A.] Sons, daughters and the mother of the propositus each take one share.


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