Family Settlement

Home Registry

My grandfather built a house in Chandigarh (Registered 100% in his name), where my family is currently living for more than 40 years now. He died in 1990 without a registered will (Will redacted with a pen by his brother, which we came to know about only in early 2010). My grandfather had 5 children - 2 sons and 3 daughters. Now we have ownership issues over the house. What options do we have to proceed ahead with, to reach closure of the ownership issue? Details about my family: Grandfather - Death in 1990 Grandmother - Death in March 2012 Son 1 - Alive [Has 1 Son and 1 Daughter] Son 2 - Died [Left 1 Son, 3 Daughters and his wife] Daughter 1 - Died [Left 2 Sons and Husband] Daughter 2 - Alive [Has 1 Daughter] Daughter 3 - Alive [Has 1 Daughter]

Expert Advice


Dear Sir, This opinion is made assuming that all the members of the family are Hindu by religion. It is also assumed that the order of death of the family members is as follows: (a) first, the grandfather, (b) next, the grandmother, (c) finally their son and daughter. A1. RULES OF INHERITANCE FOR INTESTATE MALES Your grandfather will be considered to have died intestate (i.e. without a will). The redacted will is treated as void, as it may be difficult to show who in fact redacted it. As such, the provisions of the Hindu Succession Act, 1955 shall apply. As per the Hindu Succession Act, the property of an intestate passes on in the following order: 1. To Class I heirs of the deceased. Class I heirs take simultaneously to the exclusion of all other heirs. 2. If there is no Class I heir, the property passes to Class II heirs. Heirs in the first entry of Class II are preferred to those in the second entry; those in the second entry are preferred to those in the third entry and so on. 3. If there is no Class I or Class II heir, the property passes to the agnates of the deceased (i.e. a person related by blood or adoption wholly through males). 4. If there is no agnate, the property then passes to the cognates of the deceased (i.e. a person related by blood or adoption but not wholly through males) [See Footnote 1 for details of Class I and Class II heirs]. A2. ANALYSIS As your grandfather passed away intestate, his property will be inherited by his Class I heirs in equal shares, as under: (a) 1/6 to his wife (your grandmother); (b) 1/6 to his son # 1 (c) 1/6 to his son # 2 (d) 1/6 to his daughter # 1 (e) 1/6 to his daughter # 2 (f) 1/6 to his daughter # 3 B1. RULES OF INHERITANCE FOR INTESTATE FEMALES Your grandmother also passed away intestate. The property of a female Hindu dying intestate devolves in the following order. 1. To her sons, daughters, and her husband 2. To the heirs of her husband 3. To her mother and father 4. To the heirs of the father 5. To the heirs of the mother B2. ANALYSIS As your grandmother passed away intestate, her 1/6th share in the property will be inherited equally by the following family members: (a) 1/5 to her son # 1 (b) 1/5 to legal heirs of son # 2 (d) 1/5 to legal heirs of daughter # 1 (e) 1/5 to her daughter # 2 (f) 1/5 to her daughter # 3 VIEW ON OWNERSHIP AND REGISTRY Legally, each family of your grandparent's offspring owns 20% of the property of your grandfather. The property can be registered by obtaining a succession certificate from the court on the basis of the facts presented in the query. Trust this clarifies the legal situation. Footnotes 1. Classes of legal heirs Class I heirs Son Daughter Widow Mother Son of a predeceased son Daughter of predeceased son Widow of predeceased son Son of a predeceased daughter Daughter of predeceased daughter Son of predeceased so of predeceased son Daughter of predeceased son of a predeceased son Widow of predeceased son of a predeceased son Class II heirs Entry 1: Father Entry 2: Son’s daughter’s son Son’s daughter’s daughter Brother Sister Entry 3: Daughter’s son’s son Daughter’s son’s daughter Daughter’ daughter’s son Daughter’s daughter’s daughter. Entry 4: Brother’s son Sister’s son Brother’s daughter Sister’s daughter Entry 5: Father’s father Father’s mother Entry 6: Father’s widow Brother’s widow Entry 7: Father’s brother Father’s sister Entry 8: Mother’s father Mother’s mother Entry 9: Mother’s brother Mother’s sister

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Adv. Manish Acharya

Partner
LawLeo.com
Andheri , Mumbai

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