What happens after a death of a legal heir?
N M Ramakoti
(Querist) 20 July 2018
This query is : Open
My father died intestate. He held a vacant plot (sold by the Tamil Nadu Housing Board to the first owner, my father) in clean title under his name. I've acquired the legal heirship certificate mentioning me, my brother, my mother and my grandmother as rightful heirs. My father's brothers control my grandmother and they are posing me some trouble when I try to release/settle her share in the property.
Now my doubt is regarding an alternate solution. What will happen after my grandmother dies? Will I be able to transfer it to my name with the consent of the remaining legal heirs and my grandmother's death certificate alone? Or will the legal heirs of my grandmother (i.e., my father's brothers) inherit her right of share in the property after her death?
P. Venu
(Expert) 21 July 2018
In the normal case, under Hindu Succession Act, all the legal heirs of your grandmother inherit her share unless the provisions of Section 15 has been amended as in Kerala on the following lines:.
Amendment of section 15.-In the Hindu Succession Act, 1956 (Central
Act 30 of 1956), in section 15, after clause (b) of sub-section (2), the following
clause shall be inseried. namely:-
"(c) any property inherited by a femal€ Hindu from her pre-deceased son
shall devolve, not upon the other heirs referred to in sub-section (l) in the order
specified tberein, but upon the heirs of the pre-deceased son from whom she
inherited the property.".
Please verify.
M V Gupta
(Expert) 21 July 2018
On the death of your grand mother intestate, the share inherited by her in your father's property will devolve on all her sons, daughters, sons/daughters of predeceased son etc. Hence better try to get a relinquishment deed or gift deed from her transferring her share to you. The document should be registered.
K Rajasekharan
(Expert) 21 July 2018
After grandmother’s death her interest in the undivided property will go to her legal heirs if she dies intestate.
In that case you cannot her interest transferred to you based on the consent of the other legal heirs in your family who have no right to deal with the said grandmother’s property.
