Legal Question in Family Law in India

My grand mother have two sons and two daughters. Before she passed away she dhana settled the property on both sons name. Let's assume S1 as elder and S2 as younger son.

S1 have one son he got married but no child. S1 Son died. His wife married someone. S1 also died recently. S1 wife only there now.

S2 have stwo sons.

S2 sold his property to S1 before he died.

Now S1 have no family. That inheritance property belongs to whom. S2 sons or S1 wife or S1 sons wife? Who is the succession of inheritance property?

Asked on 10/07/22, 12:02 pm

2 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896

The ancestral property will fall to sons of S2 only if the property he sold before his death to S1 does not include his inherited property. In case he has sold the inherited property (which he had no right to alienate) then it becomes the self acquired property S1. Hence in such case all the property including the one settled by your grandmother will fall to the share of S1's wife to the exclusion of S1's sons wife presuming her husband did not acquire any interest in his father's property before his death and the ancestral property. Now S2's sons will have to claim their share from S1's wife for the ancestral property. There may be litigation in that case. However the fact remains that S-2 if presumably did not sell the ancestral share to S-1 then S-2 's sons will also inherit the ancestral property along with S1's wife.

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Answered on 10/11/22, 12:02 am
Rajiv Chandhok Ph: +919810050896


PS: THE SISTERS of S1 and S2 cannot claim a share as the property had already been settled and if your grandmother was not eligible to settle the property then the sisters of S1 and S2 could claim share from all the beneficiaries but they will have to contest a long legal battle.

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Answered on 10/11/22, 12:17 am

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