question
Querist :
Anonymous
(Querist) 27 May 2011
This query is : Resolved
Hello Sir my grandmother has property in her name.She has two sons and three married daughters.She died without any will and also one son is died.I want to know who is the legal owner of property.The one survival son or the died son`s sons & daughters.
The deceased son`s family members are getting the property registered in there name without the survival son (my father) permission i want to know if that is possible or not if yes how to get the justice please reply...
Thank you
Devajyoti Barman
(Expert) 27 May 2011
The property is to be equally divided amongst all her sons and daughters including their heirs.
R.Ramachandran
(Expert) 27 May 2011
Since your grand mother has died without leaving any WILL, all her legal heirs are entitled to an equal share in the property left behind by her.
Her legal heirs are:
1. surviving son
2. children (sons and daughters) of deceased son (they are entitled to their father share. Rather they will get equal share from out of their father's share)
3. All the three daughters.
First the legal heirs have to get a legal heir certificate. On the basis of the said certificate, every one will get their names mutated against the property.
The action of the sons/daughters of the deceased son of your grand mother is not correct. You have to object to it now itself.
A V Vishal
(Expert) 27 May 2011
General rules of succession in the case of female Hindus:
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-inlaw shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the
heirs of the husband.
COMMENTS
Within the expression " son and daughter" there is no inclusion of step-son and step
daughter.-Visalakshi v. Chelliah Pillai 1988 (2) MLJ 511 Clause (a) of the sub s. (1) does not include the widow of a predeceased son and the husband of a predeceased daughter in the category of heirs. On the death of a female intestate,
the daughter of the predeceased son is given the preference over the sister of her husband.- Mohindero v. Kartar Singh AIR 1991 SC 257.
16. Order of succession and manner of distribution among heirs of a female Hindu
The order of succession among the heirs referred to in section 15 shall be, and the
distribution of the intestate's property among those heirs shall take place, according to the following rules, namely:-
Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death.
Rule 3- The devolution of the property of the intestate on the heirs referred to in clauses
(b), (d) and (e) of sub-section (1) and in sub section (2) of section 15 shall be in the same order
and according to the same rules as would have applied if the property had been the father's or the
mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death.
COMMENTS
Where there was the pendency of the suit filed by a female Hindu against the family of her father for the partition of the family property but the female filling the suit died issueless, her husband was not granted permission to enter as her legal representative for the fact that the
property devolved upon the father of the deceased under s. 15 (2) (a)- Raghuvar v. Jhaniki Prasad AIR 1981 MP 39
