quesNana died without any Will. Does everyone have share in that property

THE THING IS WE OWN COUPLE PROPERTIES WHICH IS NAMED ON MY NANA AND THE OTHER HAS BEEN BUILD BY A BUILDER AND MY NANA BEFORE DEATH SAID HE HAS NAMED TWO FLATS OF OTHER PROPERTY TO HIS WIFE I.E. NANI AND THE OTHER TWO ARE ON HIS NAME AND MY NANI REFUSES THAT FACT. WHEN THE PROPERTY IS SOLD, WILL MY NANI HAS TO DO SO WITH OUR CONSENT? AND WHO WILL BE GETTING SHARES IN THE PROPERTY? I HAVE TWO MAMAS AND TWO DAUGHTERS OF NANI AND ONE MY MOM ARE THEY ALL ALSO EQUALLY ENTITLED TO THE SHARE IN NANA'S PROPERTY AND HIS WIFE TOO?

  • ansFirstly, you don't own the property so do not assume any ownership. Since, your Maternal Grandfather died intestate, his property will be equally divided among all the legal heirs, which will include your Mother, your Maternal Aunts, Your Maternal Uncles and Maternal Grandmother. Insofar as the share of your Maternal Grandmother is concerned, she has the right to dispose it in any manner as she may deem fit and proper and neither you nor any other person has any right to rake any claim on the same.

    Best

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • ansDear Sir,

    If your Nana has dies without making a will the property shall be treated as the ancestral property and your Nani will get one share, each mama gets one share and two daughters get one one share in the property .

    It would be appropriate to file for partition of the property incase others are not agreeing to the settlement . Else all can enter into a settlement agreement with respect to the property and get it registered.

    Feel free to contact in case of further clarifications on this matter

    Advocate Sonia Saini

      Dwarka, Delhi

  • ansHow did your Nana acquire the property? In case the property was self acquired, it's deposition will be decided as per his will. Since in your case there is no will, succession of property will take place as per Hindu Succession Act. That means that all the children will have equal share in the property, and their separate shares will be passed on in the same way to their children. Your mother will have one fifth share in the property, along with your two mamas and mausi.

    Advocate Mishika Singh

      Lajpat Nagar 1, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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