Krishna (SA) 28 April 2012

Grandfather property - grandchildren share

Hi, We are Hindu Family from Karnataka, My Grandfather has 3sons and 1daughter he died recently with out any will, my grandmother still alive. Questions: 1) Grandfather property belongs to Grandchildren. If my family structure is like below, how property is shared??how many parts to be divided?? Son/Daughter Grandchildren ------------ ------------- 1st Son - 2 Boys 2nd Son - 1 Boy 1 Girl 3rd Daughter - 1 Son, 1 Girl 4th Son - 1 Boy. 2) can my grandmother make will for the property to only 2 grandsons(or)son(or) daughter of her??

Reply Follow

4 Replies

Anish Thakur 7018812737 (advocate) 28 April 2012

dear ,here distrubution of share will remain like below-

1.as per sec 8 class one heirs are widow,3 sons and daughter in this case so property will be divided equally among t6hem that is equally in 5 parts as daughter have also equal share in the coparcenary property after tha amendement act 2005 in succession act.

later after this division widow(grand mother)can transfer her own share by will to any her son,daughter or grandson.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 April 2012

Dear Querist

as per section 10 of Hindu Succession Act 1956 read with amended act 2005, the distribution of the property will be according to below

10. Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share. Rule 4.- The distribution of the share referred to in Rule 3--

(i) among the heirs in the branch of the pre- decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.

feel free to call

Jaapathri (SA) 28 April 2012

Thanks for the Reply Anish , Qureshi. Quershi ji, Could u plz elobarate, as i cant undrstand it properly. 1 share for Grand mother, 3 shares for sons 1 for daughter total of 5 shares are made and grandmother can give it to any one she likes?? What if one of the son dies and he has 2 children(1son ,1daughter)??