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143sachin   28 February 2018

If person in succession certificate dies

Hi

Our father died some 5 years ago and in the succession certificate we are 4 (Mom, Brother, Myself and Grandmother.). My grand monther has passed away. Will the properties be equally shared between the remaining 3 of us or are there any other rules that will apply.

Thanks for your advise in advance.



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 6 Replies

Vijay Raj Mahajan (Advocate)     28 February 2018

The property will be shared between 3 of the existing members. The death certificate of the grandmother along with succession certificate can be used as valid document for any transfer process.
1 Like

R.Ramachandran (Advocate)     28 February 2018

If there are any sons/daughters alive to your grandmother or if your grandfather is alive, then all of them will get equal share.One share will come to you, your brother (as sons of her deceased son i.e. your father).

If your grandmother was not having her husband, any other sons/daughters, then her share will come equally to  you and your brother.  In this case, ultimately, you will get 1/4 + 1/8; your brother 1/4 + 1/8; and your mother 1/4 share of your father's property.

1 Like

143sachin   28 February 2018

I am getting different opinions here, can Vijay sir or Ramachandran sir or others please confirm which will be applicable. FYI, My grand mother has 6 sons still alive.

143sachin   01 March 2018

Anybody please help

143sachin   01 March 2018

Hi Ramesh

Thanks for your reply. By this "the property acquire its previous stage (if not partioned)", do you mean that it will go back to the remaining 3 people in the succession certificate. We have not partitioned anything yet, we just have the succession certificate. Meaning if we have her death certificate we can divide the property by 3 now?

143sachin   01 March 2018

thanks sir


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