Ancestrol Property
Querist :
Anonymous
(Querist) 19 April 2010
This query is : Resolved
My grandfather had purchased land , the funding of land and construction over same is done by my father and grand father .
My grand father had 3 sons . After construction he handed over ground floor to my father . Since 1973 we are residing there . My grandfather expired in 1973 , leaving behind grandmother and 3 sons.
The propery was never transfered to any one after his death . My father expired in 1994 and grandmother in 1999 , and one of my uncle expired in 2004 . The property still stands in grandfather name .
Now my uncle and aunt has applied for there share in Estate office to tune of 35% and 35% each and ours 30% , on ground that after death of my father the share again split in our family and my grandmother .
Ie Upon my Grand father death -
Grandmother 25%
My father 25%
my uncle-1 25%
my unclr-2 25%
As my father expired in 1994 , then 25% splits in
My grandmother 6%
my mother 6%
myself 6%
my brother 6%
hence my Grandmother share become 31%.
On my grandmother death 31% split in 3 parts
Hence our family in total is getting 29.71% .
We have renovated the groundfloor , and my other uncles family is getting rent for 1st floor alternative months.
pls advice is our family share is only 30% .What is provision of oral partion alraedy happened 40 yrs back and we are in possession of Ground floor and my father has incurred amount on construction and till date no one had claimed any mutation .
regards
R.R. KRISHNAA
(Expert) 19 April 2010
Though I am not speaking of the percentage of shares, I would fairly say that all the three sons of your grandfather are equally entitled to shares.
If you have proof that your father has spent the amount of construction towards the building, then you can issue a legal notice to your uncles claiming partition in equal proportions and also claiming the amount spent towards construction.
If you do not have any proof of construction no amount can be claimed and you are entitled to claim only for partition of property.
Issue a legal notice first.
