Family property

Querist : Anonymous (Querist) 15 December 2011 This query is : Resolved
my grandfather is not alive and he had a lots of property and cash..he did not make any will before he died..now my grandmother wants that theproperty should be divided between all the sons and daughter..she has 3 sons and 1 daughter..now the 3rd son does not want that the property should be given to her sister but my grandmother wants to share equally the property..rest 2 sons dont have any problem related to share of property they are with my grandmother and thier mother decision..now my grandfather has a land but the registrary papers are misplaced.now the third son claims that in hind law only the sons has right over the father property. now please help me wether my grandmother can divide property equally between allthe sons and daughter..does my grandmother has th right of property of my grandfather or does she has right of property of her husband...

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Querist : Anonymous (Querist) 15 December 2011
which law will apply...

adv. rajeev ( rajoo ) (Expert) 15 December 2011
He is wrong. Everybody has got equal share in the ancestral property. See sec., 8 of Hindu Succession Act ( amended)

M.Sheik Mohammed Ali (Expert) 15 December 2011
you have not mentioned years and age of the legal heirs.

Raj Kumar Makkad (Expert) 15 December 2011
Principally the contesion of third son is wrong and thus property legally can be devolve among all legal heirs but there aare various flaws in query viz.

1. How much legal heirs were left (predeceased or alive) by your grand-father (means his sons and daughters)?

2. What is the status of those legal heirs of your grand-father?

3, when did your grand-father died?

4. When did you father died?

One thing is sure, your grandmother is not exclusive owner of the entire property so she herself cannot divide the property as per her whims and wishes and right of your sister cannot be ignored.

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