Property distribution
Sandesh C
(Querist) 25 March 2016
This query is : Resolved
Hello I'm Sandesh from bangalore. My question to the judicial experts, my grandfather passed away leaving his self earned property without any will. He has 4 children including my father. My father is younger sibling to my 2 aunts, the eldest aunt is no more and my second aunt is a widow. My father have a younger brother who is still a bachelor. My questions are as follows
1. My father has got 2 children including my sister and myself, what right have we got on our grandfather's property? Are we entitled with equal rights as my father, aunts and my uncle have on the property?
2. Since my eldest aunt is dead, does my eldest cousins who are two in number ( one male one female) from my eldest Aunt have any claim or right on the property. Only my brother is asking for a claim on behalf of his dead mother, we don't know the whereabouts of my cousin sister, how much of a right do they have on the property?
3. My second aunt who is a widow claims for equal rights as my father or his younger brother have on the property, is it right? How much of a right does she really have?
4. Since my father's younger brother who is still a bachelor, can he exercise extra rights on the property?
5. How does the partition happen? If my father wants to sell the property and distribute then, how should it be distributed? Is there a proportion?
Please let me know.
kavksatyanarayana
(Expert) 25 March 2016
The children of your grand-father have equal rights over the property( four children i.e. to say A,B,C,D each can get 1/4th share). the children of A get equal share in 1/4th share, like the children of B- 1/4, and like that C-children and D-children.
P. Venu
(Expert) 26 March 2016
The property is self-earned. All the siblings have equal share. The same principle applies to the property vested with the aunt who has expired
Anand Bali Adv.
(Expert) 26 March 2016
In to days calculation the property rights are as below"
1) Deceased first Aunt son and daughter will have 1/2 of 1/4th of her mother's share each.
2) second Aund who is widow will get 1/4 th of the Property as her full share.
3) Your father will have 1/4th share however he can not sell it without your Two"s permission as you and your sister has equal rights in this 1/4th share however this right will be operative after death of your father.
4) Younger brother of your father will have 1/4th share out of the Property.
Rajendra K Goyal
(Expert) 26 March 2016
1. You and your sister have equal rights with other LHs in the property of your father after him.
2. Your deceased aunt was entitled for 1/4 the share and her son and daughter are entitled equally (i.e. 1/8 th each) from share of their mother.
3. she has a share of 1/4 in the property of her deceased father.
4. No extra share can be claimed due to the reason that he is bachelor. He is entitled only for 1/4th share.
5. Your father alone can not sell the property. Signatures of all LHs are necessary.
