My decased fathera property right
Pratham
(Querist) 09 September 2018
This query is : Resolved
Sir my father is no more and they did not create any will of property my father has self own property now the succesor of my fathers property is my mother and recently my grandmother is dead but she lives with her daughter so can my fathers sister has any legal right in my fathers self own propery.
Isaac Gabriel
(Expert) 09 September 2018
It devolves on the first class legal heirs.Your mother is entitled to one share as children.
Vijay Raj Mahajan
(Expert) 09 September 2018
For Hindus in India the devolution of the property of the deceased male who dies intestate without making any Will shall be inherited by his class 1heirs which include, his widow, all his sons and all his daughters and his mother.
When your father expired all these above mentioned heirs inherited one share each in his property.
If your grandmother died after the death of your father, she had already inherited one share in his property. After the death of the grandmother, her share in the property will be inherited by her legal heirs in equal share.
The daughter of the grandmother can claim her one share in the share of the grandmother along with other heirs which included heirs of your pre-deceased father, who are your mother and all other children of your father including you.
Your aunt can get only small share in the property on the basis of her being one of the heir of the grandmother who had inherited one share for herself in that property.
Dr J C Vashista
(Expert) 09 September 2018
No property shall go to your aunt (Bua) out of self acquired property of your father.