Father died intestate after him grandmother died intestate
Querist :
Anonymous
(Querist) 06 April 2011
This query is : Resolved
My father expired intestate in June 2006 leaving behind a residential house in Chandigarh.His legal hiers 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 Grandomother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
Firstly as per Section 15(2) which states that “if a Hindu Female dies intestate her property goes back to the source from which she has inherited that property”
Which in this case are the Legal heirs of my father 1\3 each.
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 prevail & Why with similar case judgements
