Grand father's property
prashanth
(Querist) 11 February 2012
This query is : Resolved
My Grandfather has 3 sons and 3 daughters.He passed away even before I was born 30 years ago. He completely earned his property (NOT inherited) which he passed on to my grandmother who passed away 15 years ago. The property distribution has not happened.
My father is the second child and his elder brother has passed away.Currently there are 2 brothers (including my father) and 2 sisters alive.
Recently they have begun the process of distributing the property which consists of an independent house in Rajahmundry, Andhra Pradesh and a flat in Delhi. One of the sisters is now asking for 2 shares of the property of six (weird). I just dont like them and feel my father is getting cheated and exploited. As a grandson (the ONLY grandson in the family. rest are all girls)what rights if any do I have on the property? The grandfather passed away more than 40 years ago. Are his daughters even eligible for the property.
There is no will.
Really appreciate your help.
Sankaranarayanan
(Expert) 11 February 2012
yes all the children are equal share in that property. even the children of your uncle who died already also have right
Deepak Nair
(Expert) 11 February 2012
All the six children of your grand father are eligible for equal share in the property.
You are eiligible for only the share of your father in that property i.e. 1/6 share. that too if you are the only child of your father.
If you have any brother or sister, then the said 1/6 share has to be distributed equally between you and your brothers or sisters.
Since the elder brother of your father died, his share will go to his wife and children. You cannot claim any share on that property.
V R SHROFF
(Expert) 11 February 2012
ALL 6 CHILDREN [ 3 SONS+ 3 DAUGHTER] WILL SHARE EQUALLY THE PROPERTY OF GRAND FATHER THRU GRAND MOTHER
prabhakar singh
(Expert) 11 February 2012
When your grand father died his widow and 3 sons and 3 daughters inherited it legally.since your grand mother also passed away her 1/7 devolved upon her 3 sons and3 daughters hence each of them shall get 1/6 th.Since one of your fathers' brother is dead his 1/6 shall go to his widow and children.
Raj Kumar Makkad
(Expert) 11 February 2012
I have nothing to add in the wise reply of prabhakar singh.
prashanth
(Querist) 12 February 2012
Thank you all. This was very helpful. One more question. If my Father for some reason, be it pressure from his family members, decides to let one of his siblings have a higher share (one of his sisters is unmarried) thereby foregoing a part of his share will I have any case or say in it.
There seems to be a direction to give one person 2/6 share and distribute whats left among the rest. That would deprive my father of his right and legally speaking bereft me of whats potential property of mine.
I feel my father is being taken advantage of.
Deepak Nair
(Expert) 13 February 2012
If your father let go of a part of his share by way of family settlement, then you cannot claim any right on that part of the share.
