Legal Question in Family Law in India
Hello SIr/Madam, Good day to you. My grandfather has 3 sons and 2 daugthers out of which elder got married and the ohter is not married. All his sons got married and have thiers children. He past away 2 years back without making any Will in regards to his properties and as i understand my grandmother beocmes his successor to all his properties. Due to family indifferences after his death there are many problems in our family. I would just like to knwo can my gradmother make a Will and allot to anyone she wants? or all the property should be divided between all her kids? Please let me know how can my father get his rights same as others incase he is not been given his equal rights. Thank you.
2 Answers from Attorneys
the properties are to be divided equally amongst the grand mother and all the children. one may file a suit for partition.
Your assumption is wrong; your grandmother will not become owner of all the properties. instead, she is one of the Class I heirs alongwith all children and also mother of your grandfather, if she is alive.
legal situation is that all the children are EQUAL share holders. The grandmother is entitled to make a will only in respect of her share; otherwise, after death, her share will also devolve equally upon the children.
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