Property distribution URGENT QUERY

Querist : Anonymous (Querist) 06 April 2010 This query is : Resolved
My father expired intestate in June 2006 leaving behind a self acquired residential house in Chandigarh.His legal heirs at the time of his death were as following:-

1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%

My Grandmother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-

“The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property.’’

Which in this case are the Legal heirs of my father 1\3 each to wife & two sons

Secondly as per Class I Legal heirs of my Grandmother

which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son .

Kindly Clarify which will apply & Why with similar case judgments

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B K Raghavendra Rao (Expert) 06 April 2010
As the property is self-acquired. After your father's death, since it is not Willed, it would devolve round only lineal legal heirs ie. wife and children. His mother would not get share. Therefore, immaterial of your grand-mother's intestate expiry, two sons and mother would get equal share in the property.

Raj Kumar Makkad (Expert) 06 April 2010
Even if the property is self acquired then also mother of the deceased is entitled to inherit 25% share and under section 15 (2)of Hindu Succession Act on her demise the property obtained by her from her deceased son shall revert back to the remaining legal heirs of her decease son i.e. 2 grandsons and sister-in-law in the present case in equal share.

Querist : Anonymous (Querist) 06 April 2010
Sir thanks for answering my query,i have brought this point to the notice of concerned authorities which in this case is THE CHANDIGARH ESTATE OFFICE,but they do not accept this act.

It would be of great help if you can provide me with a similar case judgement,so that i can pursue my case.

I once again thank both you gentlemen for sparing your valued time.

Yours sincerely
Tejinder S Ahluwalia

adv. rajeev ( rajoo ) (Expert) 07 April 2010
I agree with Raj Sir & Act itself is clear.

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