Property not shared equally and others do not know actual value
Anuradha
(Querist) 25 August 2015
This query is : Resolved
My grandfather and grandmother have passed away without leaving any will.
The property which my grandfather acquired was from his ancestral property.(now in grandfathers name)
They have 2 sons and 2 daughters.
divided between them as : (mentioning total value of property is 11 laks)
2 sons have divided as 5 lak each for 1.house(son 1) and 2.land(son 2) as the property value(but original value is 1.house=around 20 laks, 2.land=around 2crores.) and 2 daughters divided remaining 1 lakh half.
1 son and 2 daughters do not know the actual value of the empty land .. they just thought it will be equal or less to 10laks as mentioned.(as said by son 2)
questions?
1.can the siblings claim anything as wrong value is mentioned?
2.can the grandsons and granddaughters claim anything? as not aware of the registration done by their parents
3.how this can be redone and shared equally among the siblings?
PS : I have posted same query in two categories, as not sure which is the right one. Pls delete the post in the wrong category. Thanks
M/s. Y-not legal services
(Expert) 25 August 2015
as of your name i hope you might be hindu..
if it is so., the mentioned 4 members have equal rightss over the property.. i.e., 1/4 share
of course the grandchildren also can claim their rights over the property. but they can not claim equal share. every grand children can clain their share from their mother/father's share of 1/4 share.
where are you from madam?
M/s. Y-not legal services
(Expert) 25 August 2015
who want to get share, they can file a partition suit against other legal heirs..
Anuradha
(Querist) 25 August 2015
My father has signed that the house is enough for him, and land for his brother (without knowing the value) and 50,000/- for each sister(who do not know the value as well). Now can he claim sir? just before signing his brother said will give share while selling the property, but its not mentioned in the document also.
We are hindu family around madurai area sir.
And all the grandchildren of the four siblings are major at the time of partition. Can they claim anything sir? And also can the sisters claim on their part?
All the four of them signed sir.. but only the 2nd son knows the value.. and 3 others do not know.. and only now we know the value is a lot more.
thank you
M/s. Y-not legal services
(Expert) 25 August 2015
is the said release deed(your father's signed document) registered one?
of course the sisters of your father also can claim their shares. as well as the grand children also.
even though without go through the earlier documents between your father and uncle, we can not assume anything..
i am also practicing at madurai (bench) high court only madam.. my native is Aruppukottai.
you are liberty to contact me regard your family property issue.
Rajendra K Goyal
(Expert) 26 August 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Property-not-shared-equally-and-others-do-not-know-actual-value-555996.asp
