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How to determine heirs of grandfathers property
31-May-2023 (In Family Law)
My grandfather had recd land in gift from his elder brother, we constructed it and stayed for 30 yrs. then he died without will. He was survived by his wife(my grandmother), one daughter (who was married before receiving the gift of land) , three sons (including my father). In this case who all are the share holders / claimants of ancestral property?
At first, your grandmother shall be entitled to get the right over the property.After her death, the property shall be equally shared between the children i.e. the daughter and the three sons. Further, the children of each of the shareholders will get the equal share.
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Adv. Mansi Bajaj
Delhi | 25+ Answers
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In the ancestral property all the heirs have equal share in the absence of registerd will.
Although the facts what you have provided are not complete to ascertain your legal position. I need more details so that right legal advice can be provided and there after appropriate legal remedy can be sorted. Plz feel free to contact me any time.
Although the facts what you have provided are not complete to ascertain your legal position. I need more details so that right legal advice can be provided and there after appropriate legal remedy can be sorted. Plz feel free to contact me any time.
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Adv. Naman Gupta
Delhi | 200+ Answers
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Firstly, your property would not classify as 'ancestral property'. For ancestral property the lineage has to commence from 4 generations. Basically meaning that if your great grandfather had owned the property and it thereafter devolved down, then it would be ancestral in nature.
As far as the claimants are concerned, your grandfathers widow, his daughter and three sons would all be considered Class 1 legal heirs and would thus be entitled to an equal and proportionate share in the property.
I'm answering this under the assumption that you are a Hindu as the above relates to the succession law governing Hindus.
As far as the claimants are concerned, your grandfathers widow, his daughter and three sons would all be considered Class 1 legal heirs and would thus be entitled to an equal and proportionate share in the property.
I'm answering this under the assumption that you are a Hindu as the above relates to the succession law governing Hindus.
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