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].
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
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.
1. Classes of legal heirs
Class I heirs
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
Son’s daughter’s son
Son’s daughter’s daughter
Daughter’s son’s son
Daughter’s son’s daughter
Daughter’ daughter’s son
Daughter’s daughter’s daughter.
DISCLAIMER: The guidance provided above by the lawyers is based solely on the limited information made available to them by the respective querist. These answers are general guidelines and not specific legal advice or legal opinion. All answers are made in individual capacity and do not reflect the opinions of any employer or organisation. Kindly refer to MyLegalWork's Terms & Conditions of use.
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