Karthik 05 July 2024

Deceased grandfather's property transfered to grandson

Deceased Grandfather's property has been partitioned directly to grandson via partition deed. ( father has demised before creation of partition deed. In this scenario, should we have heirship certificate mandatorily

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T. Kalaiselvan, Advocate (Advocate) 05 July 2024

yes, it is pertinent to to obtain legal heirship certificate of the deceased grandfather as well as deceased father of the grandson, to identify the shareholders/successors in interest

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kavksatyanarayana (subregistrar/supdt.(retired)) 05 July 2024

Grandfather and father died, then how could it be possible to do partition to grandson? With whom (heirs or ?) the partition was made?

Dr. J C Vashista (Advocate ) 06 July 2024

Partition has to take place among in same generation but not between grand parent and child. If you are to get share in ancestral property (in partition) it has to devolve to your father (stated to have been died) and his siblings before it passes to next gen (you).

Karthik 06 July 2024

Partition deed was executed between grandson and brothers of the deceased father sir.

kavksatyanarayana (subregistrar/supdt.(retired)) 06 July 2024

partition was made among the grandson and brothers of the father but are there any other legal heirs?

T. Kalaiselvan, Advocate (Advocate) 06 July 2024

What about the other legal heirs of your deceased father, whether they were included or not during the partition or not. In the absence of not allotting shares to the other legal heirs of your deceased father, it will be an illegal act.

Advocate Bhartesh goyal (advocate) 06 July 2024

Partition of property take place among same generation but if anyone of them dies then his or her legal heirs have right to get deceased share.

Dr. J C Vashista (Advocate ) 07 July 2024

The facts posted are incomplete to form proper opinion and oblige. It would be appropriate to show relevant documents to a local prudent lawyer for proper appreciation of facts and professional advise.

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