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Santosh (na)     12 December 2013

Division of property

Hi,

My Grandfather has three sons, and now we are planning for division of all property. We have ancestral farm. The house we are currently leaving in is constructed by both my uncles on plot purchased by my grandfather. Both my uncles have incured expenses of my education and my marriage as well. One of the uncle has been looking after farm and he mostly has been looking after all house needs and other is having a job. I also have started working from last 3 years and have been contributing to home needs. Grandfather and grandmother both are alive. So how many parts of property will be made. Can I get share in house as well, because at the time of building house I was in college. What about bank balance of my uncle who does job and contributes little to home.

Thanks,

Santosh



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 2 Replies

BAALASUBRAMANNYAMM (Advocate)     12 December 2013

Your query is not too clear to understand and it became appearing confusion. Your grand father have 3 sons. In all his properties, grand father and 3 sons have 1/4th share each. With regard to the plot, where your two uncles have constructed the house, can also be shared proportionately. But two uncles have already been constructed the house with their own earnings, the other son and the grand father have also 1/4th share  in that plot. So amicable partition only solves your problem. You are not entitled to get a separate share in over all the properties, but you have a share of your father's share only.

Kumar Doab (FIN)     12 December 2013

 

You have posted that:

 

-----“ We have ancestral farm.”

 You are a natural heir in the ancestral property.

 You shall be getting from share of your father.

 

If you are a Hindu family Hindu Succession laws shall apply.

 

Your Grandfather, your father, your uncles have equal share.

 

Your father’s share shall be divided amongst you and your siblings if any.  

 

 

------“ Grandfather and grandmother both are alive.”

 

The property of Grandfather that is self earned can be given away by the Grandfather to anyone he pleases during his life time.

 

He can write a WILL also.

 

-----“ What about bank balance of my uncle who does job and contributes little to home.’

 

You or for that matter any one can not stake any claim on self earned wealth of your uncle during his life time.

 

 

 

 -----“ The house we are currently leaving in is constructed by both my uncles on plot purchased by my grandfather. Both my uncles have incured expenses of my education and my marriage as well. One of the uncle has been looking after farm and he mostly has been looking after all house needs and other is having a job. I also have started working from last 3 years and have been contributing to home needs.’

 

 

It is good that all elders have been co operating and living in joint family.

 

It is good that you have also been co operating and contributing.

 

 

-------“ So how many parts of property will be made.’

 

If Grandfather is owner of all the property and the property is self earned and he wants to divide it amongst his sons and grandchildren(s) he can do so as it pleases him.

 

He may choose to pass the share of your father to you.

 As rightly suggested by Mr. Baala Subrahmanyam::: Amicable settlement is the best option.

 It shall be appropriate to divide in writing and register the share in respective names too.

 

 


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