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Ancestral property sharing

(Querist) 27 February 2017 This query is : Resolved 
Respected Experts,

Kindly give your valuable opinion on the following legal issue:

Grand father has some property of land and house. He has 5 daughters and 3 sons and he died in 1982 without any will or distribution of his property. Grand mother also died subsequently in 1985. Property is still in his name and tax payments also being made on his name only till date. Out of 3 sons and 5 daughters, one son died, but his wife and his children (3 sons - all married) alive. Elder son had taken part of land to meet his immediate requirement in 1980 itself and verbally informed that he will not claim any share in the remaining property. Now, one his sons wanted to have the property distributed among other 2 sons and 5 daughters. How to go about it for appropriate sharing among 2 sons and 5 daughters. Kindly guide us in this regard. V.PAVAN KUMAR, HYDERABAD
Adv. Yogen Kakade (Expert) 27 February 2017
Approach a good lawyer in your area and execute the settlement if everyone agrees for the equal partition and the portion. Otherwise filing a suit of partition shall be an option to get the things resolved through the court. But to check the details and property documents you need a good lawyer to guide you.
Kumar Doab (Expert) 27 February 2017
It is believed that you are all Hindu.

The property in the hands of Grandfather was self earned/acquired.


Confirm.
Kumar Doab (Expert) 27 February 2017
The self earned/acquired estate of Hindu male; devolves equally first upon ClassI legal heirs, i.e.: Mother, wife, sons, daughters……………………


The estate that is acquired by inheritance is of nature self acquired.



In case of Hindu female: The first right on her self acquired estate is of her ; Husband,sosn,daughters……………

This should help to resolve the issue of share of each one.



In case any dispute is there then try to resolve amicably on fair terms.


If amicable resolution is not happening approach local counsel with all docs and records.
V.PAVAN KUMAR (Querist) 27 February 2017
Thank you very much for your valuable suggestion. We are Hindus and the Property holder is died without any will or transfer of property. How to go about it to take share in the said property either through court or any other process. Kindly guide.

Regards,
V.PAVAN KUMAR
Kumar Doab (Expert) 27 February 2017
Obtain death certificate and legal heir certificate of deceased grandfather and son.



Submit to authority under whose jurisdiction property falls say; Patwaari.


It is simple case of inheritance and share as per inheritance shall be recorded.


Obtain latest mutation record after updation.

Kumar Doab (Expert) 27 February 2017
If dispute has precipitated on share and portions ( boundaries etc ) as pointed by Mr. Yogen Kakade, approach a very able counsel specializing in property/civil matters.



Ms.Usha Kapoor (Expert) 28 February 2017
Agree with Yogen Kakade and Kumar Deab.
Ms.Usha Kapoor (Expert) 28 February 2017
AGREE WITH yOGEN kAKADE AND kUMAR DOAB
Rajendra K Goyal (Expert) 28 February 2017
Agree with the advice from expert Kumar Doab.
Guest (Expert) 28 February 2017
Well Agreed by Madam RK Goyal
Rajendra K Goyal (Expert) 28 February 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Guest (Expert) 28 February 2017
Agreed With Madam Goyal
Rajendra K Goyal (Expert) 28 February 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge
Kumar Doab (Expert) 01 March 2017
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab (Expert) 01 March 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Adv. Yogen Kakade (Expert) 18 March 2017
Thanks for agreeing ushaji


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