Shankar (Assistant Company Secretary) 03 October 2015

Grandfather

Hey Guys,

I am an Indian citizen and appeal to help me with a solution for a "smooth & safe" decision. Well, before going on to my questions, please patiently go through the scenario.

My grandfather aged 89 years passed away two days back leaving behind the following:

1) Assets. eg; home, land

2) Certificates. eg: Mutual Funds, Deposits, Shares, Bonds, etc....

3) Pension money

His legal heirs are 2 daughters and 3 sons. He has 4 grandsons from both daughters and 2 grandsons and 4 grandaughters from his 3 sons. I am the last grandson from his son. We are a Hindu family and my grandfather has not written any will. All the above mentioned properties are:

1) Earned, maintained and saved by him.

2) Everything is in his name till now.

Now, the daughters and eldest son are willing to enjoy whereas his second & third son are not much interested. But I want to secure a specific amount as money for the last two granddaughters of his sons.

As of now, the legal heirs are not interested and do not show any sign of commintment in safegaurding the interest of the "last" two granddaughters as they are young and in current situation money is very much required for their education and especially marriage.

In this juncture I do not know what to do. I have mentioned my questions below and appeal to help me with answers.

1) What I have to do ?

2) What & Which legal procedure should I have to follow ?

I am not interested to approach the court as it would be time consuming both for the court & us and feel it would fetch unnecessary confusions and issues within the family.

The legal heir certificate + Death Certificate of my grandfather is availed from the TN State Government as per Civil code.

These are my first phase informations and clarifications. Please help me.

Please Note:

1) Be precise & CLEAR

2) Do not post contact details and ask to call

3) No subtle or harsh criticisms

4) An humble appeal for guidance in safegaurding two girl childrens life.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 October 2015

After the commencement of Hindu succession Act, 1956, the property of a Hindu male dying intestate devolves upon the legal heirs as per provisions of Act. Firstly it devolves upon class I legal heirs who are sons, daughters, widow and mother.The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005,

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 October 2015

After the commencement of Hindu succession Act, 1956, the property of a Hindu male dying intestate devolves upon the legal heirs as per provisions of Act. Firstly it devolves upon class I legal heirs who are sons, daughters, widow and mother.The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005,

Kumar Doab (FIN) 03 October 2015

It is believed that you are Hindu. You have posted that the deceased owner has not left any WILL and estate is self earned/owned/acquired.

The succession opens upon the date of death of the deceased Hindu Male .i.e in year 2015.

The proeprty has not been partitioned so far and daughters have equal share.

You don't want to go to court and any rift.

Family settlement deed (registered) can be one of the best options.

The nominee in all Bank/PO a/c etc can collect the proceeds and devide amongst all ClassI legal Heirs.The bank/PO etc shall make the payment to Nominee immediatly when the claim is lodged until or unless there is a court order restricting them.

If there is no Nomination the indemnity bond.sureties, disclaimer can be provided and payment can be collected.

In case of Eqauity shares : the nomnee shall be the owner.

Raghwendra Tiwari (Advocate) 03 October 2015

As per Hindu Law all the property shall go to all class I legal heirs equally. As per your informtion those heirs do not interested in that property they must give their consent in writting in a family partition deed.

Mahendran 03 October 2015

Kindly help to provide advise for below situation.

Ours is a Joint family and In grandfather's asset, when he was alive he has partitioned some assets to his sons(my father is one among) and grandchildren.

Among the grandchildren myself and my younger brother were minor and was studying that time,hence partition was not given to us.

Currently I am not in good terms with my father. Kindly confirm if I am legally eligible to get partition from my grandfather's asset registered on my father.

If so what are the formalities to approach legally.

Secondly, the property(farming land) in my grandfather's name not partitioned are yielding profit to our whole family. I have not got any benefit/ share out of it until now. I am married and working, hence didnot approach for any share until now.

But due to personal demands, I am in need of money. How can I legally approach them to get my share while other family members(sons, grandson) are enjoying the profit yielded in the agriculture in the farming land of my grandfather.

Kumar Doab (FIN) 03 October 2015

@ Mahendran,

The partition by your grandfather was reduced in writing and signed by all parties or is it oral?

Is it registered?

You may show all documents on record to an able lawyer specializing in family/property/revenue/civil matters and your able counsel can guide you further.

If it is a registered partition deed then your counsel may opine that can stake claim on your share.