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Can I claim share in my maternal grandfathers property
02-Jul-2023 (In Property Law)
My Grandfather has 3 sons and 1 daughters. My grandfather has expired in 1972 and my grandmother has expired in 1975. My mother is one of the daughters and she got married in 1952, she died 1987. She has two brother. They are also expired. 1. One brother has no heir. 2. Second brother has 3 sons and 2 daughter. This property was bought by my grandfather and he has not made any will. Am I eligible for this property
This was your maternal grandfather's own property and he is reported to have died intestate.
Upon his intestate death the properties lying on your maternal grandfather automatically devolves on all his legal heirs, and if any such legal heirs is deceased, then that particular legal heir's share shall devolve further on its own legal heirs.
Thus your mother being one among the legal heirs to her deceased father, she is entitled for a legitimate share in her fathers property equally and at par with her brothers and other siblings.
Since your mother too died, her legitimate share of properties can be claimed her own legal heirs consisting her children and her husband.
Thus you being a legal heir of your deceased mother, can claim a rightful share in the property out of your mother's share in it.
The above opinion is rendered presuming that you are Hindu by religion.
Upon his intestate death the properties lying on your maternal grandfather automatically devolves on all his legal heirs, and if any such legal heirs is deceased, then that particular legal heir's share shall devolve further on its own legal heirs.
Thus your mother being one among the legal heirs to her deceased father, she is entitled for a legitimate share in her fathers property equally and at par with her brothers and other siblings.
Since your mother too died, her legitimate share of properties can be claimed her own legal heirs consisting her children and her husband.
Thus you being a legal heir of your deceased mother, can claim a rightful share in the property out of your mother's share in it.
The above opinion is rendered presuming that you are Hindu by religion.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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