Can I claim a share of my maternal grandparent’s property? | Mint

My maternal grandparents have a property valued at close to ₹10 crore. After their demise, ideally, the property should have been distributed among children, i.e., the four sisters and two brothers, including my mother. However, my grandparents’ sons are not keen to distribute the property with the sisters. They are also not sharing the property papers. Also, two of the sisters, including my mother, have passed away. In such a scenario, can I and my two siblings—Hindus by religion—put our claim on the property, and how? What should be the ideal distribution of the property?

-Name withheld on request

With reference to the property held by your grandparents, we assume that they didn’t make any Will or deed transferring their rights in the property and that the same is self-earned and self-created by them. In this scenario, their assets should ideally be divided as per the provisions of The Hindu Succession Act (HSA) between the Class I legal heirs.

As per HSA, Class I heirs include son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a predeceased 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.

Thus, the assets owned by the grandparents should be divided equally between their six children (four daughters and two sons). In case any of the legal heirs of the grandparents have passed away, their respective shares should be bequeathed as per the legal heir’s respective Will.

If there is no will, the assets will pass on as per the HSA. For a female Hindu, Class I sharers include the son, daughter, and husband. Thus, if your mother has passed away and she does not have a Will, her 1/6th share should be equally divided between your father, yourself, and your sister.

With respect to the aspect where both of your uncles are not keen on distributing the property, the best approach is by way of mediation. A mediated settlement can be a more amicable and cost-effective approach. Engaging a neutral third party, such as a family member, friend, or professional mediator, can help facilitate a mutually agreeable solution.

If mediation fails, sending a legal notice to your uncles can be a formal step to assert your rights. This notice should clearly outline your legal position and the relevant provisions of the HSA. As a last resort, you may need to file a lawsuit to enforce your inheritance rights. However, it’s important to be aware that legal proceedings can be time-consuming, costly, and emotionally draining. Hence, it is imperative to proceed accordingly.

Given the complexities of inheritance laws and potential disputes, it is highly advisable to consult with a lawyer. A legal professional can provide personalized advice, assess your specific situation, and guide you through the legal process.

By understanding your legal rights and exploring various options, you can effectively address the property distribution issue and protect your interests.

Neha Pathak, head of trust and estate planning, Motilal Oswal Private Wealth.