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in Family Law
Asked July 07, 2017

Distribution of Property of Grandparents

  • 1 Answer

Hi Sir/Madam, We are Hindus. Property is in my grandmother name. she has 3 sons and 2 daughters. My question is that 'Does her grand children have equal property as of her sons?

Answer 1

As per Section 15 of the Hindu Succession Act, if your grandmother dies without creating a will then her heirs will be her "sons and daughters (including the children of any pre-deceased son or daughter) and the husband."  This provision specifically provides that the deceased's grandchildren will have a share in the property only if her child died before his/her mother. For example, in your case, you will have a share in your paternal grandmother's property only if your father is dead OR you will have a share in your maternal grandmother's property only if your mother is dead. Rule 2 of Section 16 further provides that the share of the grandchild will be the same as the share which would have been given to the pre-deceased son or daughter. Therefore, you will get the sahre which would have been given to your father/mother, only if they are dead. As a grandchild you have no right in your paternal/maternal grandmother's property till your father/mother are alive respectively. 

Agree Comment 0 Agrees over 3 years ago

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