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Pratham   09 September 2018

my fathers property right

Sir my father is no more and they did not create any will of property my father has self own property now the succesor of my fathers property is my mother and recently my grandmother is dead but she lives with her daughter so can my fathers sister has any legal right in my fathers self own propery.


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 11 Replies

Kishor Mehta (CEO)     09 September 2018

Only the direct descendent of your father are legal heirs to his self earned properties. In your case your mother, you and your siblings are the only legal heirs. If your grandmother was alive after the death of your father then she had a legal right to a share, subsequently all the legal heirs of your grandmother have a legal right to her share. However if your grandmother predeceased your father in that case her legal heirs do not have any legal right to the property of your father.

Adv. Aditya (Litigator GROSON ADVISORS)     09 September 2018

Dear Concerned,

NO: If your grandmother predeceased your father, then no share for father's sister out of father's property, as no question of inheritance through father arises.. 

YES: If your grandmother deceased after your father, then a share out of the share of grandmother for the sister, as the grandmother received a share when her son died, and subsequently on the death of grandmother, children and children of predeceased will be given a share. 

as you have submitted, it emerges your father predeceased your grandmother., so, your father's sister will get a share, lesser than all other the legal heirs. 

Regards,

Aditya Grover,

GROSON ADVISORS

legaladvice@grosonadvisors.com

Adv. Aditya (Litigator GROSON ADVISORS)     09 September 2018

subsequently on the death of grandmother, children and children of predeceased children will be given a share out of the share that grandmother received in the self-acquired property of father, at father's death.

 



 

Pratham   09 September 2018

Sir now my grandmother is no more and she expired after my father and my grandmother does not have any share in my fathers self own property and my father is expired 5 years ago and now my mother is a legal succesor my fathers property on 7/12 document but before death my grandmother was live with my fathers sister so can is it possible can my fathers sister claim a share in my fathers self purchese property therw my grandmothers will.

Pratham   09 September 2018

But now my grandmoters name does not exit is 7/12.

R.Ramachandran (Advocate)     10 September 2018

Please understand and appreciate.

1. When your father died (without any WILL), the property left behind by him is to be equally shared between your father's mother (your grandmother), his wife (your mother) and his children.

2. Now your grandmother has died, her share (from your father's property) has to be given equally between all her legal heirs.  Your grandmother's legal heirs are: her son(s)/daughters, the children of her pre-deceased son (i.e. you and your brothers/sisters).

Just because your grandmother's name is not in 7/12 does not mean that your Aunt is not entitled to any share in the property.

 

 

Pratham   10 September 2018

But ramchandran sir but this property is my fathers self accqired property this is not ancentral property

Pratham   10 September 2018

But ramchandran sir but this property is my fathers self accqired property this is not ancentral property

Pratham   10 September 2018

But ramchandran sir but this property is my fathers self accqired property this is not ancentral property

Pratham   10 September 2018

But ramchandran sir but this property is my fathers self accqired property this is not ancentral property

R.Ramachandran (Advocate)     10 September 2018

Yes, my answer is after fully understanding that the property is your father's self-acquired property.  The legal position which I stated above, is applicable to your father's self-acquired property also.


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