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Partition of property

(Querist) 03 September 2012 This query is : Resolved 
Dear Sirs,

My father is having three sisters and one brother in his family. My grand father died few months ago and he has not done any will for his property of land and house. They both are ancestral property. Now my father's sister are demanding for equal share in grand father's property. Out of the total land which my grand father was having 50 % land he got as a beneficiary after the death of his brother. My question is that can my father's sisters ask for share in the property which my grand father got from his brother also? Can we demand for share of my sisters in that property or they cannot claim any right in there grand father's property....Also my father's brother is not allowing us to enter the house owned by my grand father saying he will not give any share in the house. What legal action we should take in this situation ? Hope anyone will guide me in this matter....
Devajyoti Barman (Expert) 03 September 2012
Their right to share would depend on the date of their marriage and the death of your grandfather.
Rajeev Kumar (Expert) 03 September 2012
The property in question the right of share will depend on their marriage and the death of your grandfather.
Rajeev Kumar (Expert) 03 September 2012
Both the property is from common ancestors and the entire property which your grandfather got 50% share from his brother as benificiary will be divided among all the five persons equally as 1/5 to each of the total property.
Darshan Shukla (Querist) 03 September 2012
Sir my question is that can't property which my grand father got from his brother be termed as self-acquired property? Because I read some where that the divided property received by beneficiary is termed as self acquired property and daughters have no right to claim it....Also can my sisters claim their share in this property?
Darshan Shukla (Querist) 03 September 2012
They were married around 1980-1985 and my grand father expired in May'2012.
Anish Thakur 7018812737 (Expert) 04 September 2012
respected Author,
if the property owned and possesed by your grandfather was ancestral one and your grand father had not made any will of his share and self acquired property then that property will equally divide among the class one heir of your grandfather ,you are right the property received by your grandfather after the dismissal of his brother will only transfer to the legal heir of your grandfather and not among his co sharers,and one more thing your grandfathers sisters can not claim for their share as daughters have no right over the ancestral property which has got family settlement and partition before the commencement of succession amendment act 2005.feel free to call on number given in profile if you had left any query.
Raj Kumar Makkad (Expert) 26 November 2012
The property in the hands of your grandpa was ancestral and not his self acquired, Even if partition of the ancestral property is made between two brothers, its basic status do not change. Once it is found that the status of the property is ancestral, all legal heirs of your grandpa have got their legal right to claim their share therein.


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