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My rights on my grandfather’s property after father demise
Question
Hi, My grandfather has 4 children First daughter, Second my father his second son, third daughter and fourth son. My father passed away 3 years back. My grand father passed away 4 months back. So as a legal heir of my father, the second son of grandfather will I get a share from the properties and deposit amount they have or not?.
If yes please let me know the shares should be partitioned. For ex.
6 shares – 1 for first daughter, 2 for second son my deceased father, 1 for third daughter and 2 for fourth son.?
Please explain
Answer ( 1 )
Yes, as the legal heir of your deceased father (second son of your grandfather), you are entitled to his share in your grandfather’s property by right of representation under the Hindu Succession Act, 1956 (assuming you are Hindu and there is no will). Your grandfather had four children: First daughter, Second son (your father, who is deceased), Third daughter and Fourth son. Since your father predeceased your grandfather, you (and your siblings, if any) step into his shoes and collectively get his share. The shares are equally divided among all the children of the grandfather who were alive at his death and legal heirs of any predeceased children. So, there are four total shares, not six. So, you are entitled to 1/4 of the total estate, subject to Whether your grandfather left a will (testamentary succession overrides intestate laws), Whether there are any other legal heirs, such as a surviving wife (your grandmother), And how many siblings you have (in which case your father’s 1/4 share will be divided among all of you equally).