Property dispute (grandmother)

Since your grand mother died intestate (without will) all her daughters and sons are eligible for shares and not you.  When your father has given the property to your grand mother, it has become her own property.  

I slightly disagree with learned advocate Mr. P. Ravinder.  Upon the intestate death of your grandmother, the property on her name, whether she acquired it on her own or inherited through any source, the said property will devolve equally upon all her legal heirs which includes the legal heirs of the predeceased son, i.e., your deceased father's legal heirs consisting your mother and all you children of your deceased father.  In this case, your mother, yourself, your sister will be jointly entitled to 1/5th share of your grandmother's intestate property.  If there is no amicable settlement through family arrangement, you all can file a partition suit seeking 1/5th share in the property.

Dear All,

My grandmother had purchased agricultural land in year 2009 and the same has been gifted to me in the very same year. I am the grand daughter. My grand mother has 4 sons. My father is the third son.

A year back my grand mother expired. Now I need to get the property transferred to my name.

I have in total 7 cousins and 1 brother. And I was told as it is gifted by my grandmother to me, no one else can make claim on the property.

Recently 2 of my cousins and my brother have grouped up and are asking for their share in this property. They are threatening by telling that they will file a case against me, and get their share if required.

Kindly let me know if there is risk of losing the property to my 3 uncles, or their children, or my brother.

Appreciate your quick response.

Regards,

Jyothika

Respected Sir T. Kalaiselvan,and others,

Suppose on the above matter,  whatever property ( suppose total property of Rs. 100/-) of father(dead)  remains in the name of late father himself ( i.e. nothing is transferred in the name of other legal heirs i.e Rs. 75/- and  grandmother i.e. Rs. 25/-) upto the date of  the death of grandmother, and now grandmother also expires without will,  and presuming that grandmother does not have any other property, now whether "the your mother, yourself, your sister will be jointly entitled to 1/5th share of your grandmother's intestate property. i.e. Rs. 5/- as whether anything done or not, the property of late son transferred to his alive mother automatically and thereafter to her legal heirs,

Or

 right of  grandmother i.e for Rs. 25/- completely lapses on the property of his late son as there was nothing transferred in her name upto the day of her death, so the whole property of father(dead) ie. Rs. 25/-  will be back to his wife and two children,.

Thanks in advance, 

@Madhu Mittal:  I have very clearly answered the question, it is you who is getting confused by not understanding my opinion, please read it once again carefully and try to understand what is told thereby, if you still do not understand, you may come back with specific query without confusing yourself as well as others.

Respected Sir,

 Mr. X expired in 2005 intestate(without will) . At that time He has a house in his name acquired by his own earned money valued about Rs. 1000000/-(ten lac).

In 2005, at the time of death of X,  his mother is alive, and he had two brothers, two sisters, one wife and one son and one daughter.

Her mother died in 2006 intestate(without will).

The house is still in the name of Mr. X and no case for partition etc. was filed during the lifetime of Mother of Mr x. 

Now today what % of share every one i.e. his wife, his son, his dauther, two brothers and two sisters (all alive) will get.?

Thanks in advance,

From your query it appears that X died intestate leaving behind his Class I legal heirs consisting his wife, children and mother, and as  class II legal heirs his two brothers and two sisters.  Please be informed that once there class I legal heirs to succeed the intestate property of the deceased, question ofclass II legal heirs getting a share in it does not arise.  So let us rule out the brothers and sisters from claiming any share in the said property. 

Now about the mother, who was alive during the the death of  his son, is entitled to a legitimate share equally at par with other class I legal heirs of the deceased, i.e. the wife and two children consisting of one son and one daughter.  Thus the property of the deceased X will be equally divided into four shares with metes and bounds and good and bad soil and one such equal share shall be allotted to the mother of the deceased. 

The mother who was entitled to one such share also died intestate subsequently upon which her share of property will again be divided into five shares distributed one each  to two brothers, two sisters and the fifth such equal share will be allocated to the legal heirs of her predeceased son, i.e. X consisting his wife and two children jointly.

Under such circumstances the surviving class I legal heirs of deceased X shall have 1/4th share each and in addition they will be entitled to 1/5 of 1/4th share of the property from the share of the property allocated to  the mother of the deceased  X.

Hope this solves your query(?)

Thanks a lot for giving so much clear answer.

Means there was no need to start any type of legal proceeding on behalf of mother of Mr. X during her lifetime to get her share, her share will be her automatically, and  even after her death automatically  to her legal heirs.

Your  few words of confirmining/ non-confirming this automatically will be a lot for me for understanding law clearly without doubt.