Succession of property
saroja
(Querist) 11 April 2014
This query is : Resolved
My grand father acquired certain property by way partition, after demise of my grand father,now my father and his brothers inherited the property.
Now my father and his brothers wanted to sell the property. and one of brother is not alive , in his place, his wife and children consented for that transaction.
Now my question is, whether me and children of my uncles (i.e., my father's brothers)having any right over the said property ?
If answer is yes,whether consent of my minor children also required ?
Regards,
Saroja
SURESH BV, Advocate
(Expert) 11 April 2014
Dear Saroja,
Although you have not mentioned to which religion you belong to, but assuming by your name that you may belong to Hindu Religion the the query is answered and which refers to a person who belong to Hindu religion.
Since your father and his brother have inherited the property from your grand father, all the legal heirs of your grand father shall derive the right in the estate left by your grand father. Hindu Succession Act, 1956 specifies the General rule of succession. Accordingly the property of your grand father shall devolve firstly among the heirs specified in Class I of the Schedule (Refer the Schedule mentioned in the Hindu Succession Act, 1956) and in the absence of any heirs in Class I the heirs mentioned in Class II shall inherit the property of the deceased and so on. After the amendment Section 6A of the Hindu Succession Act, 1956 the daughter of your grand father have also got equal right to that of their brothers. When it comes to alienation of property is concerned, three generations of your grand father i.e. your father, yourself and also your grand children shall have the right over the property left by your grand father. In so far as the consent of your minor children are concerned, legally speaking the minor are not in position to give their consent. Therefore, when the property is being alienated, the Natural Guardian (yourself/your husband)should represent the minor as they have also got right in the property.
Dr J C Vashista
(Expert) 12 April 2014
Very well explained by the expert Sh. Suresh BV, Advocate, I agree and appreciate his advise.
However, with due respect I disagree on the point of alienation of property by three generations of your grand father i.e. your father, yourself and your children (and not your grand children) shall have the right over the property.
Rajendra K Goyal
(Expert) 12 April 2014
Agree with the experts and on alienation of property by three generations with the expert Dr J C Vashista ji.
SURESH BV, Advocate
(Expert) 12 April 2014
Dr.JC Vashista Sir, You are absolutely correct. If fact I meant "CHILDREN" only but due to typographical error instead of typing the 'CHILDREN" I have typed as "GRAND CHILDREN". Nonetheless, thank you very much for pointing out the mistake crept in.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
It needs to be seen that if the property inherited by your father and company from your grandfather, was a your grandfather's self acquired property or ancestral property. If presumed that it was your grandfather's ancestral father inherited by your father and company, you a child of your father have a right to a share out of the share of your father in the property and as your name suggests that you are a female, this right of share in the ancestral in your possession will extinguish with you being acquired the distinction of property in the hand of women or governed by women's property act, so your children will not be entitled to any share out of this property during your life time and after that also if you have made some arrangement by way of Will or settlement, no body except the beneficiary will be having the rights over the share of property allotted to you.
Now suppose the property was self acquired property of your grandfather who died intestate, the property upon his death devolved upon all his class I legal heirs,thereby the children of such legal heirs do not have any right over the said property. See your status.
