Can children claim equal share in intestate property of father


My grandfather passed away in the 1990s without leaving a will. My grandmother,his widow, is still alive and she has 5 sons and 3 daughters (all married with children). The brothers are not in good terms with each other and they cannot agree on who gets what as the residential property is less but there is 6 acres of agricultural land. There is one abusive brother who says he wants the whole property for himself. What should my father do to claim his inheritance?

Answers (2)


83 votes

After the death of grand father the right in the property distributed among his legal heirs equally even other wise he is muslim. The religion of the deceased determines the succession to his estate. For example, succession among Hindus is governed by the Hindu Succession Act, 1956. As such, Christians in general are governed by the Indian Succession Act of 1925 for succession purposes.
Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired, and may devolve in two ways:
1. By Testamentary Succession, i.e. when the deceased has left a will bequeathing his property to specific heirs
2. By Intestate Succession, i.e. when the deceased has not left a will, whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve.

Intestate Succession among Indian Christians.According to the Indian Succession Act, 1925, a Christian widow is entitled to one-third of her husband’s property. All children get an equal share in the remaining property.

Your father can file a partition suit for getting his share


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123 votes

All the legal heirs are entitled for a share in the property of the deceased grand father. That means his children will get equal share and wife and other legal heirs if any depending on the religious personal law will get the respective shares too. If any of the sharer is not ready to partition the property, the option available to other sharers to file a case for partition before the civil court of that area. Court will determine the shares eligible for each person and thereafter appoint an advocate commissioner for physically dividing the property to each sharers.

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