To whom does property go to if a person divorces their partner but dies without heir from any other partner

Community Forums Legal Advice India To whom does property go to if a person divorces their partner but dies without heir from any other partner

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    • #56703 Reply
      User_b64fdd7d
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        User_b64fdd7d
        PARTICIPANT
        February 10, 2025 at 11:57 am
        My grandfather had divorced my grandmother but recently died without any other heir except the ones from his first marriage ie my grandmother. To whom will his property go?

      • #56708 Reply
        Desitiger5683
        Participant
          D
          Desitiger5683
          PARTICIPANT
          February 10, 2025 at 11:59 am
          following

          • #56710 Reply
            User_b64fdd7d
            Participant
              U
              User_b64fdd7d
              OP
              February 10, 2025 at 12:05 pm
              ?

              • #56712 Reply
                Desitiger5683
                Participant
                  D
                  Desitiger5683
                  PARTICIPANT
                  February 10, 2025 at 12:10 pm
                  I am waiting for someone to reply. This is interesting.

            • #56707 Reply
              Calmgopal81
              Participant
                C
                Calmgopal81
                PARTICIPANT
                February 10, 2025 at 12:22 pm
                obviously his heirs like his children doesn’t matter whether from a divorced marriage if no children then his siblings

              • #56706 Reply
                Namitpanther188
                Participant
                  N
                  Namitpanther188
                  PARTICIPANT
                  February 10, 2025 at 12:24 pm
                  His children. If his children pre deceased him then his grandchildren. If he never had children then it goes to his siblings. If siblings died then to the children of the deceased siblings.

                • #56705 Reply
                  Desishark6045
                  Participant
                    D
                    Desishark6045
                    PARTICIPANT
                    February 10, 2025 at 4:07 pm
                    Your grandfather died without heir? Arent you his heir?

                    • #56709 Reply
                      User_b64fdd7d
                      Participant
                        U
                        User_b64fdd7d
                        OP
                        February 10, 2025 at 4:10 pm
                        Without heir from any other partner

                        • #56711 Reply
                          Desishark6045
                          Participant
                            D
                            Desishark6045
                            PARTICIPANT
                            February 10, 2025 at 4:11 pm
                            brother, your grandfather has only kids in his first marriage and not in any other marriage?

                            • #56713 Reply
                              User_b64fdd7d
                              Participant
                                U
                                User_b64fdd7d
                                OP
                                February 10, 2025 at 4:24 pm
                                Ya

                                • #56714 Reply
                                  Desishark6045
                                  Participant
                                    D
                                    Desishark6045
                                    PARTICIPANT
                                    February 10, 2025 at 5:05 pm
                                    So all of his property will go to his children and existing spouse if any. No property will go to divorced spouses.

                                    • #56716 Reply
                                      User_b64fdd7d
                                      Participant
                                        U
                                        User_b64fdd7d
                                        OP
                                        February 10, 2025 at 5:35 pm
                                        What if my last name doesnt match grandfathers name?

                                        • #56718 Reply
                                          Megamaster2414
                                          Participant
                                            M
                                            Megamaster2414
                                            PARTICIPANT
                                            February 11, 2025 at 1:35 am
                                            As long as birth certificates are in order, their wonโ€™t be an issue (grandfatherโ€™s name on fatherโ€™s birth certificate).

                                          • #56717 Reply
                                            Desishark6045
                                            Participant
                                              D
                                              Desishark6045
                                              PARTICIPANT
                                              February 11, 2025 at 5:28 am
                                              doesnt matter. since when is last name a criteria. There are hindu and muslim succession laws. You will get inheritance according to that if your grandfather hasnt left a will. Son of your grandfathers wife is presumed to be his son by default. you dont have to go anywhere to prove.

                                              • #56719 Reply
                                                User_b64fdd7d
                                                Participant
                                                  U
                                                  User_b64fdd7d
                                                  OP
                                                  February 16, 2025 at 3:06 pm
                                                  Hi, i want to ask what will happen if the person wrote that they dont claim the children

                                                  • #56720 Reply
                                                    Desishark6045
                                                    Participant
                                                      D
                                                      Desishark6045
                                                      PARTICIPANT
                                                      February 16, 2025 at 3:11 pm
                                                      Your grandfather has written will saying no property to his children?

                                                      • #56721 Reply
                                                        User_b64fdd7d
                                                        Participant
                                                          U
                                                          User_b64fdd7d
                                                          OP
                                                          February 16, 2025 at 3:13 pm
                                                          No it said he doesnt claim children

                                                        • #56722 Reply
                                                          Desishark6045
                                                          Participant
                                                            D
                                                            Desishark6045
                                                            PARTICIPANT
                                                            February 16, 2025 at 3:18 pm
                                                            He doesnt consider your father as his child?

                                                            If he dies without writing a will then you all can claim inheritance.

                                                          • #56723 Reply
                                                            User_b64fdd7d
                                                            Participant
                                                              U
                                                              User_b64fdd7d
                                                              OP
                                                              February 16, 2025 at 3:23 pm
                                                              >He doesnt consider your father as his child?

                                                              By that tone ig

                                                              I dont know if theres a will

                                                            • #56724 Reply
                                                              Desishark6045
                                                              Participant
                                                                D
                                                                Desishark6045
                                                                PARTICIPANT
                                                                February 16, 2025 at 3:48 pm
                                                                muslim heritance and hindu heritance works differently. If the property he has is ancestral then you can give case.

                                                              • #56726 Reply
                                                                User_b64fdd7d
                                                                Participant
                                                                  U
                                                                  User_b64fdd7d
                                                                  OP
                                                                  February 16, 2025 at 3:51 pm
                                                                  He was sikh so would that come under hindu inheritence? There is both ancestral and personal property

                                                                • #56725 Reply
                                                                  User_b64fdd7d
                                                                  Participant
                                                                    U
                                                                    User_b64fdd7d
                                                                    OP
                                                                    February 16, 2025 at 4:12 pm
                                                                    Also, unrelated to this case but can u tell me if a parent can disinherit their son from property?

                                                                  • #56727 Reply
                                                                    Desishark6045
                                                                    Participant
                                                                      D
                                                                      Desishark6045
                                                                      PARTICIPANT
                                                                      February 16, 2025 at 4:24 pm
                                                                      not from ancestral property but he can cut from property that he made in his life

                                                                    • #56728 Reply
                                                                      User_b64fdd7d
                                                                      Participant
                                                                        U
                                                                        User_b64fdd7d
                                                                        OP
                                                                        February 16, 2025 at 4:27 pm
                                                                        Are you a lawyer? If yes i want to ask more questions

                                                                      • #56729 Reply
                                                                        Desishark6045
                                                                        Participant
                                                                          D
                                                                          Desishark6045
                                                                          PARTICIPANT
                                                                          February 16, 2025 at 4:30 pm
                                                                          no second year law student

                                                                        • #56730 Reply
                                                                          User_b64fdd7d
                                                                          Participant
                                                                            U
                                                                            User_b64fdd7d
                                                                            OP
                                                                            February 16, 2025 at 4:31 pm
                                                                            So can i ask law related questions?

                                                                          • #56731 Reply
                                                                            Desishark6045
                                                                            Participant
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                                                                              Desishark6045
                                                                              PARTICIPANT
                                                                              February 16, 2025 at 4:33 pm
                                                                              ok

                                                                            • #56733 Reply
                                                                              User_b64fdd7d
                                                                              Participant
                                                                                U
                                                                                User_b64fdd7d
                                                                                OP
                                                                                February 16, 2025 at 4:36 pm
                                                                                So firstly can u declare divorce by just a letter? Cuz all i found was a letter from my grandfather titled compromise deed. Btw he was a lawyer as well

                                                                              • #56735 Reply
                                                                                Desishark6045
                                                                                Participant
                                                                                  D
                                                                                  Desishark6045
                                                                                  PARTICIPANT
                                                                                  February 16, 2025 at 4:58 pm
                                                                                  Sikh cannot have divorce by letter

                                                                                • #56737 Reply
                                                                                  User_b64fdd7d
                                                                                  Participant
                                                                                    U
                                                                                    User_b64fdd7d
                                                                                    OP
                                                                                    February 16, 2025 at 5:00 pm
                                                                                    Even if the divorce happened in 1980?

                                                                                  • #56739 Reply
                                                                                    Desishark6045
                                                                                    Participant
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                                                                                      Desishark6045
                                                                                      PARTICIPANT
                                                                                      February 16, 2025 at 5:31 pm
                                                                                      Yes. Hindu marriage act is from 1955

                                                                                    • #56740 Reply
                                                                                      User_b64fdd7d
                                                                                      Participant
                                                                                        U
                                                                                        User_b64fdd7d
                                                                                        OP
                                                                                        February 16, 2025 at 8:15 pm
                                                                                        How long do u think it would take if we file a case to get the inheritance

                                                                                      • #56741 Reply
                                                                                        Desishark6045
                                                                                        Participant
                                                                                          D
                                                                                          Desishark6045
                                                                                          PARTICIPANT
                                                                                          February 17, 2025 at 5:52 am
                                                                                          Lots of years mayb 10

                                                                                        • #56743 Reply
                                                                                          User_b64fdd7d
                                                                                          Participant
                                                                                            U
                                                                                            User_b64fdd7d
                                                                                            OP
                                                                                            February 20, 2025 at 8:56 pm
                                                                                            How much time will it take if we find a will?

                                                                                          • #56742 Reply
                                                                                            User_b64fdd7d
                                                                                            Participant
                                                                                              U
                                                                                              User_b64fdd7d
                                                                                              OP
                                                                                              February 21, 2025 at 7:31 am
                                                                                              I have another ques, can u claim property if ur not their real child but ur mother married them?

                                                                                            • #56732 Reply
                                                                                              User_b64fdd7d
                                                                                              Participant
                                                                                                U
                                                                                                User_b64fdd7d
                                                                                                OP
                                                                                                February 16, 2025 at 4:48 pm
                                                                                                And What is a compromise deed

                                                                                              • #56734 Reply
                                                                                                Desishark6045
                                                                                                Participant
                                                                                                  D
                                                                                                  Desishark6045
                                                                                                  PARTICIPANT
                                                                                                  February 16, 2025 at 4:59 pm
                                                                                                  its a contract for settlement of loan

                                                                                                • #56736 Reply
                                                                                                  User_b64fdd7d
                                                                                                  Participant
                                                                                                    U
                                                                                                    User_b64fdd7d
                                                                                                    OP
                                                                                                    February 16, 2025 at 5:01 pm
                                                                                                    Then why did he title the letter that?

                                                                                                  • #56738 Reply
                                                                                                    Desishark6045
                                                                                                    Participant
                                                                                                      D
                                                                                                      Desishark6045
                                                                                                      PARTICIPANT
                                                                                                      February 16, 2025 at 5:31 pm
                                                                                                      That’s the legal name for such documents

                                                                                            • #56715 Reply
                                                                                              User_b64fdd7d
                                                                                              Participant
                                                                                                U
                                                                                                User_b64fdd7d
                                                                                                OP
                                                                                                February 10, 2025 at 6:04 pm
                                                                                                ?

                                                                                    • #56704 Reply
                                                                                      Rapidaryan9714
                                                                                      Participant
                                                                                        R
                                                                                        Rapidaryan9714
                                                                                        PARTICIPANT
                                                                                        February 10, 2025 at 6:58 pm
                                                                                        Children first(doesn’t matter if partner is divorced or not) in absence of a will, if none of the partners have their children alive(then grandchildren), if none of the partner’s children are alive/or no offspring, then siblings> descendants of the siblings (considering parents aren’t alive)

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