Inheritance Rights Of A Maternal Grandson Over His Nana's Self-earned Property | Vkeel - Free Legal Advice

Vishal Saha

Mumbai

A Hindu male (referred in the Query as 'Maternal Grandfather') died intestate in 1995 with a self-earned house in Lucknow survived by one wife (Nani), 2 sons & 2 daughters. His wife(Nani) expired in 2015, thereafter one of the daughter expired in 2019. Can son of 'deceased daughter' claim any inheritance rights over the self-earned house of his 'maternal grandfather' (Nana). The house (immovable property) in question is in possession of the two sons, as both daughters are married living with their in-laws. Kindly explain in the light of amendments to Hindu Succession Act, 2005. (Since, 2 sons are insisting for partition of the house through family settlement deed in a unilateral manner denying any share to son of deceased daughter.) Can adverse possession be claimed in this case by the two sons of maternal grandfather(Nana) in order to deny share of inheritance of the son of deceased daughter (i.e.) maternal grandson? PS: Immovable property is located in Uttar Pradesh.

Expert's Answers(2)

Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hello Sir After the ammendment to hindu Succession act Daughters have equal rights as son in their father's property. As you mother had share in that property as per the law therefore you have all right to claim your mother's share in the property as a successor. Thanks Please rate if you find this advice helpful.

October 4, 2021
xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Section 15 in The Hindu Succession Act, 1956 15. General rules of succession in the case of female Hindus.— (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,— (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything contained in sub-section (1),— (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and Section 8 of Hindu Succession Act: ==================================================================== General rules of succession in the case of males.―The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:― (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; CLASS I Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. Please give me rank after viewing my details. Please call me for further assistance.

October 2, 2021