What is the process for transfer of house - details are available below?

My grandmother has expired last year leaving behind a house on a plot of land in Kerala, India. She was survived by 2 sons and 3 daughters. She has not written any will. One of her sons has expired within 10 months of her death. This son has left behind his wife and 2 sons. We would like to know who are the legal heirs to my grandmothers property and what is each person's share. All my grandmother's children would like to transfer the house property in entirety to 2 out of the five of them. Would like to know the process for the same. I am the son of one of the daughters of my grandmother. Would appreciate an early response/|||Hindu Succession Act, 1956 applies to this case if the deceased person %26amp; all her legal heirs are Hindus by religion. Section 15 of the Act provides :- General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-





(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.





(b) secondly, upon the heirs of the husband.





(c) thirdly, upon the heirs of the father, and





(d) fourthly, upon the heirs of the father, and





(e) lastly, upon the heirs of the mother.





(2) Notwithstanding anything contained in sub-section (1),-





(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and





(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter ) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.


Section 16 of the Act provides:- Order of succession and manner of distribution among heirs of a female Hindu. - The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate property among those heirs shall take place according to the following rules, namely :-





Rule 1 .- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.





Rule 2.- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate鈥?death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate鈥檚 death.


In the present case it will be presumed that this Grandmother was Hindu by religion %26amp; she died intestate i.e. without leaving any testamentary document such as 'Will' etc in favor of any one. In such case considering on the day of death she was survived by her 2 sons %26amp; 3 daughters will be here legal heir as per section 15 1(a) %26amp; each shall get equal share . Although before this property of the deceased could be divided in to five equal shares one of the Son expired within 10 months of her death, however since he was very much alive on the date of her death he shall be entitled to his one fifth share out of the whole property through his legal heir who is his wife %26amp; his 2 sons. You as a son of one of the daughter of the grand mother can ask your mother to claim her one fifth share out of this whole property of the deceased as her legal heir. In case your mother doesn't want to take her share but want her share to go to either of her brothers or their families then its her wish %26amp; you as a son cannot say anything on this account for the simple reason that your mother's share in this property becomes her self acquired property which as a Hindu woman has absolute right over it, read this section 14 of the Act:- Property of a female Hindu to be her absolute Property.- (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.





Explanation.- In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or note, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.





(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.


Considering all this legal position in this case just sit with your mother explaining her legal right over her share in her mother's property %26amp; make her to understand that this should be taken by her as her deceased mother's blessing %26amp; should not throw it away just for some sentimental reasons in favor of her brothers %26amp; their families who themselves enjoy enough of their own self acquired properties. This the actual legal position in your case.|||As per Hindu Succession law- First class legal heirs of the deceased(your grand mother) are eligible to claim share in the property equally. The deceased`s, wife %26amp; children get 1/5 share, which will be equally divisible among them.


Each one of you will get 1/5th share. The son who has expired, will also get 1/5th share, that will be again divided equally among the 2 sons and the wife of the deceased.(1/15share)





Please consult an advocate who specialises in property related queries.