Can Pre-deceased daughter's son claim for maternal property?
ak05
(Querist) 07 November 2010
This query is : Resolved
Hi, I have a query on the Hindu succession act.
A has been living with his maternal Grandfather since his parents expired in 1993.
The court had appointed A’s maternal Grandfather as his legal guardian.
As of today, A is 24 years of age.
A’s maternal grandfather expired in 2009 leaving behind following heirs:
1) His Wife(A’s maternal Grandmother).
2) His son (A’s maternal uncle).He is married(in 1980s).
3) His first daughter(A’s maternal aunty).She is married(in 1980s).
4) His second daughter(A’s Mother). She expired in 1993.
A’s maternal Grandfather has left behind following property
1) Movable assets : Savings and FD accounts.
2) Immovable assets : flats.
A’s maternal grandfather has not left any will(Intestate). So being the son of a pre-deceased daughter(A’s mother in this case), is A eligible for a share in the above said property of his maternal grand father as per the Hindu Succession Act. If yes, what role will he play I mean what would be his rights in this case.
i.e After the death of A's maternal grandfather who will come into picture as the legal heirs(from the list mentioned above) and how will be the property be divided among them. Will each of them have equal share?
Please clarify, this is very urgent. Thanks in advance.
Kirti Kar Tripathi
(Expert) 07 November 2010
yes, he has a right being class-I heir. the share of predeceased daughter will go go all her childern
R.Ramachandran
(Expert) 08 November 2010
Dear AKO5,
If all the persons listed by you at serial 1, 2, 3 and 4 are alive all will have an equal share.
Since 4 is not alive, in her place her sons / daughters will get the share.
According to Section 10 of the Hindu Succession Act, the sons and daughters of the pre-deceased son or daughter would have to divide amongst themselves the share that would have gone to their father or mother had they been alive.
In other words, in the above fact situation, "A" and his brothers or sisters if any have to equally divide amongst themselves, the share that would have fallen to their mother had she been alive. If "A" is the only son - with no brother or sister - of the predeceased daughter shown at Sl.No. 4 above, then he will get equal share as being given to Sel. 1, 2 and 3.
ak05
(Querist) 08 November 2010
Hi All Experts, Thanks for your reply. But i have following query based on this.
As A belongs to Class I heir, will the property be divided equally among all the class I heirs? Reason being -
1)A's currently working in a software company.
2)A's Grandmother is aged and is a house wife
3)A's maternal Aunty is married and has 2 children and both are married.
4)A's maternal uncle has 6 children(5 daughters and 1 son.) He is a rickshaw driver and his income is less.
Inspite of all this, will the property of A's maternal grandfather be divided equally among
A, A's Aunty, A's uncle, A's Grandmother?
or
Will the share vary based on the financial position of class I heirs?
Please reply. Thanks in advance.
R.Ramachandran
(Expert) 08 November 2010
Financial position of any legal heir has nothing to do. The property will go to the heirs in equal share. You refer my earlier reply.
A. A. JOSE
(Expert) 09 November 2010
I agree with above views.
M V Gupta
(Expert) 15 November 2010
I agree with Mr. Ramachandran's detailed opinions.
