What is the part of grandson in the property of grandfather
Querist :
Anonymous
(Querist) 18 January 2021
This query is : Resolved
what is the part of grandson in the property of grandfather if father is no more and there is peternal uncle alive and he want to take 3 parts of the property i.e his part and his two sons...and i and my brother are two brothers..is this correct legally?
Guest
(Expert) 18 January 2021
First Comply the Legal Formality / Procedure of Applying for the Legal Heir Certificate
Advocate Bhartesh goyal
(Expert) 18 January 2021
Both you and your uncle will get equal share in the property left by your grandfathe rmeans you will get 1/2 share in the property.
Querist :
Anonymous
(Querist) 18 January 2021
Means there is no ground that my father is alive or not...???
K Rajasekharan
(Expert) 18 January 2021
Normally the grandson has no share in the grandfather’s property.
The grandfather's property in normal course would be shared among the sons, daughters, wife and mother of the grandfather.
But when the son of the grand father is no longer alive (pre-deceased son) the legal heirs of such pre-deceased son will altogether get one share.
In this case, the grandfather’s property would be divided into two – one share for the living son and another share for the legal heirs of the pre-deceased son.
As you have a brother as I understand from the query (?), you would get 1/4th of the share, your brother would get another 1/4th, and your uncle would get ½ of the entire property.
Such matters are described in Section 8 and adjacent Sections of the Hindu Succession Act, 1956.
Querist :
Anonymous
(Querist) 18 January 2021
Thanks a lot for detailed answer..its helpful
Querist :
Anonymous
(Querist) 18 January 2021
As i can understand my cousin brothers have no right in the property directly??
SHIRISH PAWAR, 7738990900
(Expert) 18 January 2021
Hello,
Your father and your uncle will have an equal share in the property. Since your father is dead you and your brother will get your father's share in the grandfather's property.
Your cousin brother will get his father's share i.e. your uncle's share. He cannot have a direct share in the property.
kavksatyanarayana
(Expert) 18 January 2021
Yes. The property of your grandfather will devolve among the legal heirs of your grandfather. If your grandfather had only two sons, then it will be divided into two shares. For your father's share, you and your brother have equal rights. But what about your grandmother. If she lives, she has also a share, i.e. it will be divided into 3 shares. So only for your father's share, you and your brother have equal rights over your father's share and if your mother also lives, she has also a share. That means your father's share will be divided in 3 shares. so understand the position.
Querist :
Anonymous
(Querist) 19 January 2021
I understand the things very well...my mother is not alive but i want to ask one more question..if a muslim lady who claims that she is the wife of my father and he married her before his death and have false nikahnama of which we had no idea ..can she also claim in the property??
Rajendra K Goyal
(Expert) 20 January 2021
Are you Hindu or Muslim?
Whether nikahnama is of the time when your mother was alive?
She can have share only if marriage was legal.
Querist :
Anonymous
(Querist) 20 January 2021
I am hindu and my mother was not alive at the time of nikahnama.
Guest
(Expert) 20 January 2021
If the Second Marriage of your Father had taken place after the demise of your Mother the First Wife the Second Marriage of your Father even if it is with an Lady irrespective of any other Religion like the Muslim woman in your case it would be Legally Valid including their Children.
Guest
(Expert) 20 January 2021
That's Why It had been advised to get the Legal Heir Certificate Legally with out hiding any facts and would simplify all your issues in the matter.
Querist :
Anonymous
(Querist) 20 January 2021
If i take legal heir certificate then she can not claim?? And what is the procedure of taking legal heir certificate?
Guest
(Expert) 20 January 2021
" With out Hiding the Facts ' ( like the Muslim Lady and her Children would be Legal Heirs of your Father along with the Family of First Wife ) Obviously the Family of your Father's Second Wife also would be Legal Heirs of your Father and Legally No One Could Deny their Legal Rights Please.
K Rajasekharan
(Expert) 22 January 2021
Taking a legal heirship certificate will not be of much use to contest her claim if she files a case in the court of law. The certificate is issued by the revenue department based on the documents what the party produces and the neighbours say. It cannot reveal any relation that is not publicly known.
The right course for you is to go ahead with partition of the property as if she is not a legal heir and challenge her claim in the court when she takes the matter to the court.
Most probably her certificate, which you point out as false one, might be a fake certificate. Hence she might not be a valid legal heir of your father.
The marriage even if it occurred may have some legal infirmities and that you can question based on law when her claim matures enough to take you to the court.
Guest
(Expert) 22 January 2021
Once again K.Rajasekharan is back with his Illegal and misleading Misguidance
Guest
(Expert) 22 January 2021
Hiding the Facts while Applying for Legal Heir Certificate or the Succession Certificate from Courts would be Nothing But Fraud and Criminal Offence and Illegal and in many such Cases such Certificates had been Cancelled by Honorable Courts
Guest
(Expert) 22 January 2021
Irrespective of the Religion the Second Wife is an Legal Wife in this Case.
Rajendra K Goyal
(Expert) 22 January 2021
Whether second wife / husband changed religion before marriage?
If not, whether marriage was in accordance to special marriage act?
Querist :
Anonymous
(Querist) 22 January 2021
Actuly i do not know the facts ...as my grandfather is alive all the property is in his name..and he is too old..that women is thretening me that after his(grandfather) death she will come to my home and live as she is the wife of my father and my father married her.
Querist :
Anonymous
(Querist) 22 January 2021
But my father never told me and anyone that he merries to that woman. I am afraid that after the death of my grandfather she will live in my house and claim her right....please tell me the right solution for this..if i can do anything or not?
Querist :
Anonymous
(Querist) 22 January 2021
That lady has not changed her religion but she is saying that my father changed his religion
Querist :
Anonymous
(Querist) 22 January 2021
My grandfather wrote a legal will in which he devide the property between my father and uncle after his death but as she is claiming she is the wife of my father she also have right in my father's part
Guest
(Expert) 22 January 2021
Section 125 of the Criminal Procedure Code has been provided to Ensure the Legal Right to Lady Partners In Or Out of Marriage .
Querist :
Anonymous
(Querist) 22 January 2021
Please tell me the solution for that lady because she is not my mother and she is very dirty lady..its her business to do these type of things..she already have 2 broken marriages before my father.
Guest
(Expert) 22 January 2021
The Absence of Registration of Marriage does not render the Marriage as Illegal
Guest
(Expert) 22 January 2021
A Marriage with out Registration is Perfectly Legal
Guest
(Expert) 22 January 2021
Here our Learned Advocates would Provide Legal Guidance and to be with Clean Hands Only and Not Any Illegal suggestion to Eliminate any one Illegally in Records
